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IM dismissed by MM, Complainant filed appeal u/s 374 crpc
10-Oct-2023 (In Domestic Violence Law)
Brief facts of the case so far.
1) DV case filed by complainant in May 2018.
2) Complainant in her detailed income affidavit admit that she is not working in anywhere.
3) Respondent via RTI got complainant working details and same is submitted with written arguments of interim maintenance.
4) The learned MM Delhi dismissed the interim application of maintenance.
5) After 33 days of the above order in point no.4 the complainant filed appeal with district and session court under section 374 crpc.
Please let me know why she have filed appeal under section 374 crpc.
Is this correct appeal to challenge the interim maintenance order dismissed by MM.
The appeal filed by the complainant will be infuctuous as the time to appeal is 30 days from the date of order of the trial court. The complainant has rightly filed the appeal but it cannot be admitted at the various law points. rest can be discussed over a call or a legal meeting.
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Adv. Nitin Bansal
Delhi | 25+ Answers
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Yes she is well within her right to challenge any order whereby her application for maintenance has been declined/ dismissed. The copy of revision petition supplied to you will diclose the grounds as to why she has assailed the order.
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Adv. Sanjana Antil
Delhi | 25+ Answers
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Respected sir
you want to know about the after 33 days of the complainant filed appeal in session court .she have a right to file but with the condition application .if you have sufficient evidence you have no problem .
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Adv. Ravindra Kumar Panwar
Delhi | 200+ Answers
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