Please help me
Prabhu Yesu
(Querist) 16 August 2013
This query is : Resolved
Hi,
My brother got married and in just 1 month she filed a 498 case and along with that maintainance case was also filed.
My brother got admitted in the hospital and got operated this month due to appendicites.Now we got to hear from our lawyer today that judge gave a judgement of maintainance and granted 20k/month.
My brother does not have a job and all the proofs have been submitted to our lawyer on Day one but today when i got irritated with the judgement , i called my lawyer and asked him everything and now he admits that he did not submit the proofs as the other party have to prove their details as this is called as burdensome . What is the next action plan left for us . My brother does not have a job as he lost the job after the case was filed.
Devajyoti Barman
(Expert) 17 August 2013
Do not waste time. File revision in the sessions court with the proofs you have AND ENGAGE A NEW ADVOCATE.
V R SHROFF
(Expert) 17 August 2013
Agrees , with Shri Barman,
No alternate but to file Revision at once.
Rajendra K Goyal
(Expert) 17 August 2013
File revision immediately and change the Lawyer. Well advised by the experts.
Prabhu Yesu
(Querist) 18 August 2013
Sir,
Thanks for the advice,
The maintainance case was filed in family court which is in Kurnool District , AP .
When i called lawyer , he was telling that we can only appeal in High Court and nothing can be done in District court.
Please advice whether what he is telling is true or not.
Is applying to revision same as Appealing to the high court.
Can't we appeal or ask for revision in same court where judgement was passed.
Please share experts phone number so that i can get all the things carried out properly now atleast or please mail me your contact details so that i can call you for max 5 minutes.
Whole family is shaken and am afraid of the present situation
prabhakar singh
(Expert) 18 August 2013
Against a family court order you do need to visit High Court for relief.
Devajyoti Barman
(Expert) 18 August 2013
You have to file Revision case in the high court. The power of court in appellate and revisional jurisdiction are almost same in criminal jurisprudence.
Review in the same court would be of no help.
ajay sethi
(Expert) 18 August 2013
your lawyer has been grossly negligent . he ought to have placed on record documents showing your income . any how now change your lawyer and move HC for necessary reliefs
Raj Kumar Makkad
(Expert) 18 August 2013
The negligence on the part of your lawyer has paid you much. You should change your lawyer and should try to put additional evidence at appellate stage.
Prabhu Yesu
(Querist) 19 August 2013
Sir,
I just talked with the new High Court lawyer and he told me to come only after having the judgement copy so that he can clearly tell the next course of action.
But he was telling in a indirect way that i cannot submit any of my existing documents , how true is that .
I have all the necessary documents including bank statements and i have recorded my previous lawyers statements where in he has accepted that he has received the documents.
Please advice me on how to get all my documents published in the High Court.
prabhakar singh
(Expert) 19 August 2013
First get the exparte decree set aside.
Thereafter when case shall open for rehearing you shall be given opportunity.In case it is an order on merit additional evidence can be sought for.
I doubt your lawyer at lower court is either idiot or has undue nexus with other side to let things go the way they have gone despite documentary evidence.
Devajyoti Barman
(Expert) 19 August 2013
The new documents can always be filed. Take help of another advocate, this one is not properly equipped with knowledge.
