Filing appeal
Amit
(Querist) 09 April 2013
This query is : Resolved
Hi,
A residential order of paying rent to my wife was passed by the magistrate in the DVC filed by my wife.
My wife is going to appeal (as indicated by her advocate) against it (in sessions court).
In case she goes for an appeal, in response to her appeal (and not on our own appeal):
(1) Can we ask for reduction of the rental money to be paid?
(2) Can we present any additional evidence (of her income) in case we obtain any (which we might). Will it help in this case?
(3) Since we've started paying money (from Apr'2013) to her and the sessions court increases/decreases the rental money (say in Nov'2013), what will happen to the difference of amount (from Apr to Nov)?
(4) Her appeal would be mostly not for increasing the rental amount but on the right to live in the house owned by me but in which we (me and my wife) never lived (and hence it is not shared household). We always lived in a house taken on rent by me. Same reason was quoted by magistrate and he dismissed her plea to live in the house but ordered rent to be paid to her. Is this reason good enough in Sessions court too? Can we carry and stress on this argument going forward?
Thanks
Devajyoti Barman
(Expert) 09 April 2013
1. Yes but you have tor prefer separate appeal for this.
2. Yes but in your appeal only.
3. Court can modify the amount before passing final order.
4. Yes this good enough reason.
