Procedure to file grievance on sc slp bench order

[arintel 15]

Hi,
In one of the sc slp hearings, my advocate wanted to inform bench about a stay to operation of interim order of maintenance granted by sessions court based on merits. But before he can be heard the slp bench took exception to non compliance of interim order (even if it was bad in law) and have passed an order directing the petitioner to pay deposit before slp can be heard further. Now based on this order the sessions court has withdrawn the stay on interim order. Is there a procedure to communicate the grievance to the same bench or cji on the interference with sessions court decision earlier stay owing to such order ?

Thanks
Ananth

[Dr. Ashok Dhamija]

The possible way could be to file a review petition. But, in your case the issue related to interim order, due to which chances of success would be very limited.

In such cases where interim orders on maintenance are involved, generally, the tendency of the supreme court is to allow the interim order on maintenance to continue till pendency of the SLP. However, in some exceptional cases, the SC can stay the interim order if it completely unjust. Discretion lies with the SC to decide what in its opinion is an exception situation.

The advisable course would be to comply with the interim order on maintenance and get the SLP heard on merits.     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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