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Troubled Hubby (support )     05 September 2009

Writ Petation in Karntaka High Court

What is Writ Petation how can we file a petation in the high court can a person represent in person



Learning

 6 Replies

Sachin Bhatia (Advocate)     05 September 2009

Writ Petition is a request in writing made to any  court to pass a written order on the subject matter.

Kiran Kumar (Lawyer)     05 September 2009

well frnd writs are basically meant to protect fundamental rights.....but its not a conclusive answer as well.

 

better tell us the facts of ur case, so that i can be advised that whether writ is maintainble in ur case.

 

yes u can argure ur writ.

Troubled Hubby (support )     05 September 2009

 My case is of matrimonial one

     My spouse has applied for intermim maintence under sec 24 HMA and accompanying affadivit where she has willfully omitted that she is wrking and earning a sum of 8000 RS . On an another date after 3 months she filled a rejoinder application to my main satemenent in my RCR where she mentions that she is wroking on daily wages . i submitted and made an application under 340 crpc to the family court that she has lied under oath in her affadvit about her present  working details and in her rejoinder applcation that she is wroking on daily wages to support these i produeced her provident fund details for the fincial year 2008-2009 obtained thru RTI

The Judge without taking consideration of  her salary and education details awarded a sum of interim mainteance  also the fact  that she has  NO WHERE MENTIONED IN HER  SEC24 HMA APPLICATION AND ACCOMPANYING AFFADIVIT  and in Her written application she accepts that she is wroking on daily wages which is false .

The Judge not  even bothered to see the documents and also rejected my  340 crpc application  so can i file a writ petation since i am have to pay the intermim mainteance whch is afecting my fundamental right

so this is my case how to proceed your valuable suggestions can guide me to fight against injustice

 

 

Troubled Hubby (support )     05 September 2009

In continuation to the above post

  I would like to file a writ on the Family court for overseeing sec 24 HMA orders in the interest of justice

SIr please guide me as i am not  aware of the law what all i have read is from this forum and experts lawyers like you

Here is the copy of the judgment posted below

Court No.29
High Court of Judicature at Allahabad, Lucknow Bench, Lucknow
Writ Petition No. (M/S) of 2002


Syed Nazim Husain
Vs.
The Additional Principal
Judge Family Court &
another

Hon’ble A. Mateen, J.

Heard learned counsel for the petitioner as well as learned A.G.A.

Since a very trivial point is involved I propose to dispose of the petition at this initial stage. Learned counsel for the petitioner has approached this Court with the prayer that the order dated 24.10.2002 be quashed.

From the order dated 24.10.2002 it comes out that the learned Additional Principal Judge, Family Court on the application, moved by the petioner under Section 340, 344 Cr.P.C. instead of disposing of the same had postponed disposal of the said application and ordered that said application may be disposed of after evidence is recorded in case No. 566/89.

In my view, if an application is moved in the pending case bringing to the notice of the court that any false evidence knowing well has been filed or fabricated in such proceedings, the court should dispose of the said application first before proceeding any further or before recording of further evidence.

In the circumstances, I dispose of the present application and direct the Additional Principal Judge Family Court to dispose of the application so moved by the petitioner under Section 340, 344 Cr.P.C. before proceeding further in accordance with law.

With the above observations the petition is disposed of finally.

9.1.2003 sd- A.Mateen

 

Kiran Kumar (Lawyer)     05 September 2009

writ petition is not maintainable in ur case.

 

go for appealate remedies available as according to law.

 

writ is not a solution to every issue.....pls take assistance of local lawyer.

Anil Bhatia (Director)     18 September 2009

Originally posted by :Troubled Hubby
"

In continuation to the above post
  I would like to file a writ on the Family court for overseeing sec 24 HMA orders in the interest of justice
SIr please guide me as i am not  aware of the law what all i have read is from this forum and experts lawyers like you
Here is the copy of the judgment posted below
Court No.29
High Court of Judicature at Allahabad, Lucknow Bench, Lucknow
Writ Petition No. (M/S) of 2002


Syed Nazim Husain
Vs.
The Additional Principal
Judge Family Court &
another

Hon’ble A. Mateen, J.

Heard learned counsel for the petitioner as well as learned A.G.A.

Since a very trivial point is involved I propose to dispose of the petition at this initial stage. Learned counsel for the petitioner has approached this Court with the prayer that the order dated 24.10.2002 be quashed.

From the order dated 24.10.2002 it comes out that the learned Additional Principal Judge, Family Court on the application, moved by the petioner under Section 340, 344 Cr.P.C. instead of disposing of the same had postponed disposal of the said application and ordered that said application may be disposed of after evidence is recorded in case No. 566/89.

In my view, if an application is moved in the pending case bringing to the notice of the court that any false evidence knowing well has been filed or fabricated in such proceedings, the court should dispose of the said application first before proceeding any further or before recording of further evidence.

In the circumstances, I dispose of the present application and direct the Additional Principal Judge Family Court to dispose of the application so moved by the petitioner under Section 340, 344 Cr.P.C. before proceeding further in accordance with law.

With the above observations the petition is disposed of finally.

9.1.2003 sd- A.Mateen

Sir,

I require A.I.R. No. of this Judgment as I have to submit it before the ARC Delhi. Kindly send me the details and oblige. Thanking You,

Yours faithfully,

Anil Bhatia

 

"


 


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