681+ Lawyers are online 
MM/JMFC is not deciding my application to alter interim maintenance
28-Sep-2024 (In Divorce Law)
i have submitted an application to MM/JMFC to alter interim maintenance in DV case , it is more than one year and the judge has not decided my application, now other party has file an execution. Under which section shall i file an application to ADJ to decide my interim application first as it is pending more than a year. in high court under which section.
In order to explore a suitable and efficient remedy with respect to your situation, we’ll need to have a discussion in depth so that I can get a proper hold of the whole scenario you’re facing as of now.
Helpful?
Adv. Depender Kumar
Delhi | 25+ Answers
CONTACT NOW
File a revision before ASJ Under section 397/399 CR.P.C.
In high court you can go under section 482 Cr pc MM code cannot recall its own order you have to file a revision petition before session judge under section 397 and 399 of CRPC and if you're not getting any relief from session code you can file a petition under section 482 CRPC before the High Court so you can avail both the remedy but I advise that you should avail first session court remedy
Helpful?
Adv. Ashish Kumar Gupta
Delhi | 25+ Answers
CONTACT NOW
After decided interim maintenance by JMFC, you should file an appeal before the Session Court against that interim order. Your application is not maintainable before the same court/JMFC/MM who passed the interim maintenance order for alter the court's own order.
you have to go step by step, not to go direct high court against the interim maintenance order passed by MM. If you want more suggestions you can call me and fix a meeting to discuss your case with me.
Helpful?
Adv. Mohini
Delhi | 50+ Answers
CONTACT NOW
I have read your query regarding your case. ij case so many judgements regarding your case and whenever you free call me back. send me your petition copy in my whts app and whole petition also . send me your order also
Helpful?
Adv. Gourav Sharma
Delhi | 100+ Answers
CONTACT NOW
If the court has not decided on the complainant's interim application in a DV case for over a year, and the opposite party has submitted for execution, the following legal recourses are available:
In ADJ (Sessions Court):
File an application for expeditious hearing under Section 28 of the Domestic Violence Act, 2005 read with Section 482 CrPC (inherent powers for speedy disposal).
In High Court:
- File a Writ Petition under Article 226 of the Constitution of India or a petition under Section 482 CrPC to direct the lower court to expedite the decision on the interim application.
These provisions allow you to seek prompt relief due to the delay.
Helpful?
Adv. Jayatee Chatterjee
Delhi | 5+ Answers
CONTACT NOW
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.
Connect with top Divorce lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
