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Habib   30 November 2017

Partial judgment

wife seek divorce as husband use to give torture, since years. He took her 1 KG gold, 75 Lakh rupee and 2 years salary and ran away, so,they filed case and its going on since 5 years. They have all the proofs including invoices, marriage pictures etc.. now the judgment came and their lawyer says judgement partially granted for 50 lakh rupee.. So, this means, the lawyer was not capable of doing a proper pray infront of the court?



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 4 Replies

rajagopal.s (Lawyer.)     30 November 2017

Hi 

It appears that certain evidences have been either NOT marked NOR were considered by the Judge. 

First and foremost ask for the following

a) Marking of Exhibits document from court. 

b) Chief affidavit of witnesses. 

c) Judgment Order copy and Decree and check in all three documents whether all of your invoices, bills were marked correctly in the court and whether court has taken on record all of your invoices, bills and other proofs. 

 

Based on your observations on the above, if mistakes / errors are apparent on the face of record, then 

a) File a review petition before the same court if the evidences have not been marked nor were considered. 

Alternatively 

b) You can also  move the high court directly, you can appeal against the order and claim all of the monies so demanded by you. 

It is highly unlikely that once evidences are marked and exhibited, the same would have missed the judicial review.  So based on above, exercise dilegence and move accordingly. 

Please note that there is a limitation period of 30 days from the date of decree in case of review and 90 days from the date of decree in case of appeal. So you need to act within the time lines.

 

Hope this information is useful  

 

Rajgopal

Legal WIn Consulting LLP

www.legalwin.in

 


(Guest)

Many details which are pertinent to the case are missing. If I suggest something it will be like above replier who simply has done guess work without seeing the papers.

There are no fools sitting in courts.  If court has ordered something, it would have ordered looking into details given to it.  Simply giving exhorbitant figures each and every girl does. and when it comes to trial they will blabber and lose the case.  

If you have felt cheated by court order you can alwasy go for appeal in the appelate court, which can be sessions court or high court or supreme court.

If you have lied and simply crying foul now, dont go for appeal, court may take cognizance for wasting its time for simply filing stupid cases and send you to jail.  Beware.


(Guest)

Many details which are pertinent to the case are missing. If I suggest something it will be like above replier who simply has done guess work without seeing the papers.

There are no fools sitting in courts.  If court has ordered something, it would have ordered looking into details given to it.  Simply giving exhorbitant figures each and every girl does. and when it comes to trial they will blabber and lose the case.  

If you have felt cheated by court order you can alwasy go for appeal in the appelate court, which can be sessions court or high court or supreme court.

If you have lied and simply crying foul now, dont go for appeal, court may take cognizance for wasting its time for simply filing stupid cases and send you to jail.  Beware.

P. Venu (Advocate)     01 December 2017

The facts posted suggest that it is not case of partial judgment or the reliefs partially allowed; it is only that the amount of reliefs granted is less than what you have sought; it could be that the relief sought have been fanciful. No suggestion as to appeal or review possible unless the judgemtnis seen.


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