Can we challenge the the appeal order Can we challenge the the appeal order

4 weeks ago

can we challenge the the appeal order of session judge passed in nov 2018 of maintenance to wife and son which has wrong calculation as I'm govt emp as 1/3rd of basic not attached but attached 1/3rd of whole salary which included hra,da,pf and other allowance. Out it 1 execution was taken as arrear upto order date now they put another execution for rest period unto today .pl advise where to file or chellenge and how and which court

Anik

Responded 4 weeks ago

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A.Dear Client,

You must file an appeal with the High Court within 90 days of receiving the order from the Session Court. If the Session Judge's order was passed in 2018 and no appeal was filed within the stipulated time, it is now time-barred. According to Article 116 of the Limitation Act, appeals to the High Court must be filed within 90 days of the order, while appeals to other courts must be filed within 30 days.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 4 weeks ago

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A.Dear Client,
You shall have to file an appeal before the High Court against the order of the session court within 90 days from the date of receiving the order passed by the Session Court. When the order against appeal passed by the Session Judge in 2018, it was now barred by limitation. Article 116 of the Limitation Act provides the period of limitation for an appeal, a) to a High Court i.e., 90 days from the date of order/decree; and b) to any other court from an order, 30 days from the date of order/decree.
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Vidhi Samaadhaan Vidhi Samaadhaan

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