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sunny john   12 February 2023

review against civil miscellaneous application in high court

the family court ordered the husband to pay interim maintenance of rs 30k per month u/s 24 of hma, and civil miscellaneous appeal was filed in the high court. the high court confirmed the same amount. is it possible to file a review application in the high court?


 5 Replies

Dr J C Vashista (Advocate)     13 February 2023

Whether it is your own case or posted on behalf of someone else since you have mentioned your name as "Sunny John" which connote that you are "not" governed by section 24 of the Hindu Marriage Act, 1955.

Generally "review" of an order passed by the Court fails except where there is some clerical or glaring mistake in the facts/ documents appreciated by the Court at the time of passing judgment/ order.

Whether it is a "review" or civil miscellaenous "appeal" filed against family court order before High Court as both are dealt with under different laws by different Courts.

You have mixed up various legal prepositions in the facts posted by you, which make it hypothetical query.

sunny john   13 February 2023

sir, this is in regard of my friends case. he has gone appeal to high court against family court's interim maintenance order through civil miscellaneous application. But the high court also ordered the same without any reduction in the amount. Now is it possible for him to file a review petition against this high court order in the same high court Or he can only go to supreme court.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     13 February 2023

Court may accept review petition only if it is filed on sufficient grounds which are: The discovery of new and important matter or evidence which, after the exercise of due diligence was not within his knowledge or could not be produced by him at the time when the decree was passed or order made.Therefore you can appeal to suprement court only.

Shashi Dhara   13 February 2023

You can approch supreme court if you have enough money time patience .

sunny john   13 February 2023

thank you sirs

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