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ghansham   28 July 2016

What is the procedure for appeal against interim maintanence

hi friends, request you to kindly advise on the procedure for appeal against order in 125 interim maintainence case.

my order for interim maintainence is about to be decided exparte (proceedings ordered exparte)

so i want to appeal against that order when it is give, so i want to know should i deposit the entire amount and then appeal or pay 50% and then appeal or directly appeal in high court as i want to give my part of the story which was unheard due to exparte proceedings.

i would indeed be grateful if someone could give judgement references regarding amount to be deposited before appealing in HC.

Thanks



Learning

 4 Replies

manindersingh   28 July 2016

First apply for certified copy and when you will certified copy of judgement/order then withing 60 days file the revision petition in Session Courts.

1 Like

manindersingh   28 July 2016

Hey man, high court directions are that full arrear amount needs to be deposited before filing revision of 125 crpc. My revision was dissmissed and this was one reason but please note it is not law that arrear must be deposited in full. 

It depends on your arguments & your advocate's expertise & knowledge. Court will accept your revision but on arguments you need to express your side in detail to court that why you have not deposited arrear and why your revision be not dissmissed bcoz of default in arrear amount.

 

best of luck.

for amount directions : “Rajeev Preenja Versus Sarika, reported in 2009 (159) DLT 616”

 

******************

 

“ Hemata Karayat Vs. Vijay Kumar Karayat,
reported in 2015(4), RCR(Criminal) at page 15”; Hon'ble
Rajasthan High Court in “ Geeta Devi Vs. State of Rajasthan
and others, reported in 2012(1), RCR(Criminal), at page
292”; And Hon'ble Apex Court in “Yamunabai Anantrao
Adhav Vs.Anantrao Shivram Adhav, reported in 1988(1),
RCR(Criminal), at page 322”.

 

“Smt.Lata Vs.
Neeraj Pawar, reported in 2009(1), RCR(Civil), at page 872”
and “Rattan Lal Vs. Pushpa 2014(1), PLR, at page 834”

 

“Balwant Singh Vs. Baljit Kaur and another, reported
in 1983(2) RCR(Criminal) at Page 521”

 

“Satish
Kumar Versus Kamaljit Kaur and another, reported in
2015(3) Recent Criminal Reports (Criminal) at page 829”

 

 

1 Like

ghansham   29 July 2016

thank you so much sir for your kind reply, i am tensed because it is exparte proceedings going on...so when do i request the court to consider a part payment only? after the order in same court only or after the order in high court? thanks

Ashwin   09 April 2018

thank you sir


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