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Need information regarding interim maintenance
11-Jun-2023 (In Family Law)
Hello. Interim Maintenance (S. 24, HMA) in favor of wife was recently ordered. However, the judge didn’t take into consideration several facts, including my current status (I am a Full Time management student), and ordered it based on my past employment. So I want to challenge the same. The case is going on in Rajkot Family Court. I want to first file for a Review petition in the same court as I had mentioned about my student status, etc. before the Family Court. Question : If the Review petition gets rejected by the Family Court, shall I still have the right to file an Appeal or Revision before the High Court against the FC order ? In other words, I want to make sure that my right to approach the High Court via Appeal or Revision is not lost due to a Review petition. Thank you for your help.
yes if your review petition is rejected you will have the right to file a revision before the Hon'ble High Court against the order rejecting your review application. But it is advisable that you directly file a revision as chances of getting any result in your favour in review application may be rare.
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you have all the right to go for a order passed by the any magistrate or judge whether it is interim or final. i will suggest you to go for a appeal rather then review petition. though you have right to do so.
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Adv. Nirmit Pathak
Ahmedabad | 100+ Answers
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Dear
Instead of filing review you can directly challenge the order of the Family Court Before the Honorable High Court. because in the review application only legal aspect will be look out and the review scope is too limited. Second thing your right is not abroigated if you filed with in time limit.
Thanks
Instead of filing review you can directly challenge the order of the Family Court Before the Honorable High Court. because in the review application only legal aspect will be look out and the review scope is too limited. Second thing your right is not abroigated if you filed with in time limit.
Thanks
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Adv. Nayan Mehta
Rajkot | 100+ Answers
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