Legal News

Writ Petition won’t be maintained against High Court’s Judicial Orders

In the case of Neelam Manmohan Attavar v Manmohan Attavar (D) Thr Lrs, the apex Court has held that no writ petition under Article 226 filed to challenge the decision of the High Court that it has taken in exercise of its judicial powers will be maintainable. The Supreme Court bench of Justices DY Chadrachud and KM Joseph refused to admit any submissions of the case. However, the court has left rights open to other remedies including a Special Leave Petition under Article 138 of the Constitution. 

The petitioner had filed a domestic violence complaint before the Metropolitan Magistrate, Bengaluru, which was dismissed. Subsequently, they filed an appeal before the Additional Sessions Judge, Bengaluru which was also dismissed. A revision petition filed before the High Court was also dismissed. Then the petitioner filed a writ petition under Article 226 assailing the High Court order which was later transferred to the Supreme Court.  

Source: Live Law

Categories:Legal News

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