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RISHI JI   27 December 2023

125 judgement passed without rajnish vs neha affidavit

Respected seniors,  A maintenence case filed by wife under section CRPC 125 with kusum sharma income expenditure affidavit in 2016. And interim maintenence passed on 2018 on basis of kusum sharma affidavit. In 2020 Rajnish vs neha judgement passed by supreme court and mandatory to file fresh affidavit as per Rajnish vs Neha judgement. But Final judgement passed by family court on August 2023 on the basis of old Income expenditure affidavit as per kusum sharma judgement.  My question is can husband side challenge final order in high court on this ground that the Family court judge not follow supreme court directions. 1. Judgement passed on 7 years old affidavit. In my view The judgement should have been passed only after filling a fresh affidavit. 2. Wife conceal 2 Bank account in old affidavit but Family court not ask to the wife to file bank statements.

Read more at: https://www.lawyersclubindia.com/forum/crpc-125-final-judgement-without-rajnish-vs-neha-affidavit-230477.asp



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 5 Replies

T. Kalaiselvan, Advocate (Advocate)     28 December 2023

That alone cannot be an essential ingredient to challenge the trial court judgment in the appeal that you propose to prefer.

You can add this also as one of the grounds for appeal. 

Dr. J C Vashista (Advocate )     28 December 2023

Yes, the order / judgement passed by Family Court on the basis of the affidavit as per Kusum Sharma and not as per Rajnesh V Neha case can be challanged before High Court.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     28 December 2023

You can approach to high court for appeal on the judgement. “Judicial examination of the decision of inferior court by the higher court”.

 

RISHI JI   28 December 2023

Wife also not disclosed Bank account in the proceedings in family court. But trial court  not give any directions to petitiononer to file bank statements even on record she hide bank accounts.

 

T. Kalaiselvan, Advocate (Advocate)     28 December 2023

If you are aggrieved with the judgment which was passed overlooking the procedures then you can approach the appellate court with an appeal to get your grievances redressed. 


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