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Different pleadings in the appeal u/29 dv act

(Querist) 27 August 2014 This query is : Resolved 
Dear Experts

There was a maintenance order in DV case and to which husband filed an appeal in Sessions Court. There are 3-4 points where the pleadings in the appeal are different from his Income Affidavits and Written Statement in lower Court.
Are there any judgments of dismissal of appeal on this ground of different pleadings?
ajay sethi (Expert) 27 August 2014
we dont provide citations . point out inconsistencies in your argument
Sahiba Khurana (Querist) 27 August 2014
Thank you Mr Sethi

My query is that in the court of MM the husband writes something else in his Income Affidavit and WS about his loans, his percentage of share in his Pvt Ltd Company and his properties. And in appeal he writes something else. Are these the valid grounds on which appeal should get dismissed?
What are the other factors on which appeal of husband gets defeated?
Kiran Kumar (Expert) 27 August 2014
You point out, to the Court, the discrepancies committed by the appellant. The onus will be upon the Husband/appellant to justify the submissions made by him.

Since its first appellate court, the court will definitely call for the records. At the time of final arguments, you may point out the contrary stands of the husband.

Its not always a case that a case must be supported by judgments of SC and HC. Merits of the case are equally important, after all every case is based on some facts.
V R SHROFF (Expert) 01 September 2014
ACADEMIC QUERY BY STUDENT
V R SHROFF (Expert) 01 September 2014
OR SHE IS NO MORE A STUDENT , BUT PRACTISING LAWYER"

PL PROVIDE CORRECT PROFESSION IN YOUR PROFILE..


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