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Can I appeal in the order received for maintenance


05-Jan-2023 (In Divorce Law)
Dear Sir, On 11.12.16, I got very unjustified Interim Maintenance (S24) order in the divorce case filed by my wife in Srikakulam family court. I had applied for certified copies. It's in process. So my queries are, 1) My family court advocate duped me by removing crucial enclosures like my pay-slip etc, that's why I got this unfavourable order. And also my wife concealed some material facts related to case, these are easily identifiable by just a eye look at my enclosed documents but the judge ignored them completely despite my vehement pleadings because my FC lawyer removed those attachments. 2) Can I enclose these missing evidence in Writ/Appeal, which one is better and how much time required to file obtain stay in A.P. H C ? Thanks in advance for valuable suggestions from experts.
Answers (3)

Answer #1
643 votes
The interim order is not final and that was awarded only on primafacie available evidence so better you should continue with the speedy trail. I think you won't get remedy in writ or appeal so my opinion is that you should go for trail because after finilalization of main MC the amount will be deducted by filing calculation memo.
Answer #2
730 votes
Hi
You can appeal against the Maintenance order in the HIgh court.
Which ever evidences were not considered/submitted in High court, can be used in High court.
You should file the appeal against maintenance order within 30 days from the date of receipt of order.
if there is a delay in filing appeal against maintenance order, you have to submit condone delay petition.
Can help.
Answer #3
717 votes
Dear Concerned, Immediately submit additional material documents which your lawyer removed, through Revision petition before H.C. Hon’ble High court might provide interim relief to you on same day. Obtain the certified copies from lower court immediately. You may approach us in Hyderabad for further legal assistance.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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