Hi I have DV and HMA cases going on (filed by wife). DV case initially filed in JMFC. And HMA (divorce) case filed by wife in civil court of senior division , at same time. DV case then transferred from JMFC to civil court of senior division. So both cases now running with same judge in civil court of senior division. Interim maintenance prayer was asked by wife in both cases. So judge gave one common order of Interim maintenance. In order copy its mentioned "common order in MP No. XXX and Cr.M.A. No. YYY " And its also mentioned , "This order be placed in file of MP No. XXX and and its copy be placed in Cr. M. A. No. YYY" Now I want to appeal against this. So can I appeal it to Session court considering the DV case ( as it is appeallate court to civil court senior division ) or I have only option to go to High Court , with reference to Divorce case. (as interim orders passsed in HMA are not appealable , and hence need to file writ petition in HC ) Please suggest Will there be issue of maintainability if I appeal in session court ?
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Dear Sir,
You just prefer appeal before the Sessions Court as it seems no application under section 24 of HMA Act was invoked by your wife. The first case for interim maintenance was filed in DV case as such you better appeal before the Sessions Court. If copy of order is seen more appropriately legal advise can be given.
Trial of DV case by senior division was without jurisdiction, am not certain, on what grounds DV case transferred to senior decision.
Well, You can file appeal agasint the interim order but in HC and revision against the order of HMA. Both will club in HC and will decide by single order.
File writ in HC as common order passed
there is no appeal against interim maintenance awarded in HMA case
Yes appeal will be in sessions court only. No it will be maintainable before sessions court only.
it's an interim maintenance order and you can file revision in Sessions Court,
Please note that both HMA(Divorce) and DV filed by wife , at same time And both petitions contents/prayers are exactly same. Even if I go session court, I think it can modify order of DV only ? So if I get reliefs also , will it be considered in HMA case ? Or lower court (civil court senior division) , will say that order is modified in DV only , so HMA order will remain untouched. ?
In appeal sessions court can modify trial court order in DV case only
for relief in HMA case you need to file writ in HC
You can challenge dv order in sessions. HMA order will be challenged in high court.
How can same court (designation) will hear it`s own order in revision/appeal. HC only.
Dear Querist
File an appeal before the session Court against the order passed in DV case and file a revision petition before the High Court against the order passed in HMA(Divorce case).
you should raised the objections before the court that the divorce matter should be decided by the family court, if family court is constiituted in your area, or by the District Judge, and the Civil Judge has no Jurisdiction in the matter filed under HMA.
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You can file a revision petition before high court against the common orders passed on both the MPs and the Cr. MA passed by the trial court.
Write petition is not maintainable.
It is an order in an IA, hence only revision may be maintainable, you may discuss with your advocate and proceed as per law.
Why do you want to get confused on this.
Since it is a common order passed by the court in both the HMA and the DV case, you cannot prefer an appeal against the DV case order alone, hence revision petition to revise the decision of ther trial court would be the correct option, you may discuss with your advocate on this and proceed