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maintenance passed to wife on illegal grounds
18-Sep-2023 (In Family Law)
Hi, I am a hindu.DeepajMy wife has been awarded maintenance by lower court on illegal grounds.I have done appeal in session court.Appeal is pending in session court from last 1 year as there is no session judge in that court.Is there any section in law,in which I can appeal in high court to get the maintenance order set aside as session court is only giving dates from last year and not disposing the appeal on merits.
One can not go directly to the High Court with exhausting all the alternative remedies. Such an appeal won’t be directly maintainable in HC. However HC can be requested to invoke its inherent powers thereby directing lower court to decide the matter expeditiously
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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Hi,
As you said their is no judge were your case has been allotted, I hope you have appointed an advocate their and he will be the better person to assist you . However you can ask their if their is any other in charge court apart from your court allotted to speed up the case. You cannot approach high court directly if their is no judge without approaching the in charge judge.
As you said their is no judge were your case has been allotted, I hope you have appointed an advocate their and he will be the better person to assist you . However you can ask their if their is any other in charge court apart from your court allotted to speed up the case. You cannot approach high court directly if their is no judge without approaching the in charge judge.
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Adv. Mohammed Abdul Quadeer
Hyderabad | 400+ Answers
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in your case if judge is not available better ask to put up to in charge judge where they can easily lookafter your case so you can ask to bench clerk to put matter on in charge and pray to the in charge to take appropriate action, and better to consult advocate.
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