Case life cycle
Amit
(Querist) 03 August 2015
This query is : Resolved
Dear experts,
pls help to clarify a confusing and desperate situation. I had filled divorce case in 2008 on ground of cruelty and adultery. I had submitted an electronic evidence in which i had my conversation with my wife video taped having her confession to her extra matrimonial relationship. This was exhibited during my trial but during my wife trial, i asked to play that DVD in court which was denied by PO, I asked to play it as my wife denied it to her voice in the DVD. I had then moved an application in family court to take my wife voice sample and send to FSL along with DVD to voice match. While deciding my application, PO dismissed my application and ordered to make this evidence inadmissable on basis of Rayla judgement of Andhra pradesh HC. I had then gone to Jaipur High Court and there also my writ got dismissed based on the same ruling. In the dismissal order in HC jaipur, judge ordered to time bound the case in family court for 2 months from the date the HC order is submitted in family court.
The HC judgment can be accessed here: http://rhccasestatus.raj.nic.in/smsrhcb/rhbcis/judfile.asp?ID=CW%20%20%20&nID=14726&yID=2013&doj=5/26/2015
In the confused state of mind and being pressed on time, i fought the final argument in absence of my prime evidence and finally, I got my divorce petition dismissed.
Now although I can go to High court in appeal, I am being suggested to parallelly go to Supreme court against the High court order as i am still in the window of appeal period of 90 days.
I am confused if its logically possible, because the underlying case is already dismissed in family court. can I still pursue the case in supreme court? pls advice. if yes, and if SC orders in my favor to make the evidence admissible again, can i use that directly in High Court.
Amit
(Querist) 04 August 2015
Can i please shorten my question so it gets due attention as there has been no reply. I had prime evidence in electronic form. The PO made this evidence inadmissable illegly. I went for appeal but somehow even HC dismissed my appeal and timebounded my divorce to happen in next two months. I couldnt go to SC in time for getting my evidence to be admitted on file again and my case in family court got decided and dismissed. I wish to go in appeal in HC regarding the divorce case but at the same time I want to go to Supreme court as it is still in window for appeal against the earlier order of HC. is it technically possible? Should SC entertain my apeal against the HC order while the case got dismissed in lower court? Pls guide.
