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Sejal   02 February 2026

Urgent - family law

Hello Experts I am fresher lawyer and just have experience of 1 year , I want some guidance on one of my case pending in Mumbai family court. My case is pending for divorce ( I am for the petitioner wife) . We filed for interim maintainence and the other party filed the asset and liability affidavit but did not disclose anything except the salary. There are few delays from our side as there were change in lawyer and the petitioner stays in Indore. I submitted an application for further documents but judge refused saying you are delaying it and he made me argue the matter of interim maintenance in the absence of the documents of property and assets of the respondent. To all my expert sir and madam here , I want to ask should I move to high court before the order to show the process was not followed or should I challenge the order when it comes. What should be the best strategy to deal this. Also, the judge appears to be little biased as the opposite counsel is a very senior advocate. He is very big lawyer as judge also gave then the case file to make notes for the argument as some documents they were not carrying. Please suggest . What should be the best strategy for me. Thanks


 13 Replies

P. Venu (Advocate)     02 February 2026

Let the Court decide the matter. you cannot rush to the higher courts based on mere assumptions and presumptions.

T. Kalaiselvan, Advocate (Advocate)     02 February 2026

You may wait for the court to pass an order in this regard and then you can decide about escalating the matter accordingly.

Dr. J C Vashista (Advocate )     03 February 2026

Did you argue on the issue of interim maintenance,?

If so, what is the order, if already passed?

Otherwise, wait and watch before proceeding in High Court. 

Sejal   03 February 2026

Yes sirs, I had argue and the matter is kept for order. But in the manner it was conducted it looked entirely biased against me. I did not even had the documents and the judge did not ask the opposite party to submit documents as per Rajnesh and Neha judgement of the Supreme Court. I know it is difficult to say anything about the judge but he was biased as the opposite lawyer is a celebrity lawyer. I even reflected some concealment of income with documentary proof but he rejected and asked me to go file a perjury case. He forced me to argue. 

please suggest sir. 

T. Kalaiselvan, Advocate (Advocate)     03 February 2026

Don't spread your imagination too far. All are equal before law.

If you are aggrieved by the orders you have rights to prefer an appeal hence don't become anxious over the result.

Sejal   03 February 2026

Ok sir. My only question was to seek your advice and opinion since the manner in which it was conducted does not look fair to me. And since you all have way more standing than me in court you can guide me well . That's why asked you as I am very new in this practice. 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     08 February 2026

I, as a non-lawyer, am happy that the senior lawyers are giving guidance to the junior lawyer.

Dr. J C Vashista (Advocate )     09 February 2026

Wait and watch for order(s) passed in the matter.

Sejal   06 March 2026

Dear All,

The order passed is against me. And without producing any document the husband is held not liable to pay anything. 

just to make my point clear, atleast they should have asked to submit proper documents. No amount is allowed . This is very unlikely. 

I request you all to provide me guidance. It's not the order which is against me but the manner in which it was conducted raises questions. 

please guide 

 

Dr. J C Vashista (Advocate )     07 March 2026

Originally posted by : Sejal
Dear All,
The order passed is against me. And without producing any document the husband is held not liable to pay anything. 
just to make my point clear, atleast they should have asked to submit proper documents. No amount is allowed . This is very unlikely. 
I request you all to provide me guidance. It's not the order which is against me but the manner in which it was conducted raises questions. 
please guide 
 

The order has to be in favour of either of the parties to the case.

If it is in your / your party's against and the party feels aggrieved you may move in appeal before High Court , which differs from case to case such as maintenance claimed but stated to have been declined by Family Court u/s 125 CrPC, Section 24 Family Courts Act, 1984, Section 18 HAMA, 1956 or any other provision of law as aplicable in your case.   

Sejal   16 March 2026

Dear seniors , 

My petitions was filed under section 24 HMA and it was rejected . Now how to challenge this and under what section as some says its should be under section 19 of HMA or under 227 . 

I will highlight that the documents which are important as per Rajnish and Neha judgement were not filed. The family judge did not pass any order to the respondent to  submit any document. 

  1. Can I ask the high court to ask the family judge to reconsider and rehear the case. 

  2. Can I ask high court to decide the interim Maintenance. 

  3. Also, these documents are necessary even at the stage of Chief examination and chief filing of the petitioner. can I ask for it. 


  4. any other suggestion from all of you. 

thank you all in advance 

 

Dr. J C Vashista (Advocate )     17 March 2026

You have adequately been obliged by experts on this platform, which is meant for needy litigants.

If you feel and it is your real /personal case, you may seek advise / guidance of a local  senior lawyer for further questions/ queries. 

However, I am located in Dwarka, New  Delhi and you feel so, may approach me with relevant records, on appointment. 

T. Kalaiselvan, Advocate (Advocate)     17 March 2026

The orders passed in an IA filed under section 24 of HMA is an interlocutory order, hence you can approach high court with a civil revision petition to set aside the trial court order and pass suitable orders on merits.

You can express all your grievances in the revision petition against the impugned order and seek relief and remedy accordingly.


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