Before any reliefs are awarded to wife in appeal husband has to be served with copy of appeal
2) no reliefs would be granted to wife unless husband is served
3) no need to file caveat
After the magistrate orders maintenance (under CrPc 125), can one of the parties go to higher court for appeal (within 30 days) *without* serving notice to the opposite party or without informing the other party? In other words, if the other party (say.. wife) goes for appeal against the maintenance order through the higher court, will the husband (or his lawyer) know about it? Does the husband need to file a caveat petition to be on the safer side?
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
Before any reliefs are awarded to wife in appeal husband has to be served with copy of appeal
2) no reliefs would be granted to wife unless husband is served
3) no need to file caveat
The notice has to be served the court on admitting revision order to serve notice to other party and give time to file reply in same.
Yes the notice shall be given to husband. Cavet can be filed.
Firslty, as per the information meniotmed
in the present query, makes it clear that one party has obtained the decree against the other.
Secondly, yes, the party in whose favour order has come should file caveat for sure.
Thirdly, even if the party has not filed dur to any reason then also the party going in appeal must have to serve the copy to the other party by any mode.
You can appeal against the Maintenance order in the 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. After filing appeal court set out notice to opposite party..
Please note that yes appeal they can go thereafter court will send you notice to appear either personally or through advocate and the appeal petition will be sent to you by the court. It's not necessary to file caveat as no order will be passed without giving you an opportunity of being heard.
If you go for appeal in High Court against the decision of the family court the notice will be served to the other party to appear before the high court and provide the support of the contest.
So if one party appears before the court against the judgement of the family court then the opposite party will definitely be called to appear before the court
Dear,
After accepting her appeal court order for copy given to husband.
So you will get copy no need to file cavet.
Caveat is not required.
Notice has to be served. It will be served to the same address as that of the lower court.
Dear Client,
When appeal will file, court will issue notice to opposite party.
Without impleading you in appeal, it will not admit.
Generally, no party can go on appeal without serving the notice of appeal on the opposite party. However, it is advisable to file a caveat in anticipation of the appeal.
My follow up question would be: If the other party files an appeal at the High court against the the CrPC 125 order, how long will it take for the disposal? Also, do both parties need to appear for appeal hearings regularly in the High Court?
It may take more than 2 years for disposal of appeal
Personal presence is not necessary on each date
Your lawyer presence is sufficient
It depends on both the parties to follow up in High Court . The High Court gives early dates. This may be decided by the high court within 2-3 months.
There is no provision of caveat in the criminal law.
Yes the other party can file appeal and the notice will be issued through the court
Sir it would before sessions court revision and it wont take much time. No personal appearance is required,
hello
a maintenance order by the magistrate can be challenged before the additional district judge. then again it can again be challenged in a criminal revision application before the HC. yes, the opposite parties have to be informed so that the court can hear their side of the story but only after the revision has been admitted then the notices are issued.
regards
If the appeal is prepared within the time frame, the appellant need not serve the notice to the other party or his/her counsel. In case, if the other party had filed a caveat petition before filing the appeal, the High Court won't pass an order without hearing the caveator's objections.
A definite time-frame cannot be forecast in such matters. Parties need not appear in person. They may be represented by their respective counsels.
High Court is the court of law and not of facts. So apart from Advocates, parties are not expected to appear. But I recommend that you attend your hearing as it will convince you that your advocate is doing his part well in representing you.
In the High Court memo can be moved to get the case before the judge for admission. But once the case is admitted, it depends on when the case comes up for hearing. Suppose when it comes for hearing, the judge says it to be listed again next day or next week, then it will be heard then. If you show urgency in the matter, then it can be listed sooner.