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sai narayana   22 December 2016

Is filing of appeal/review against another review allowed?

Dear Experts, please help me

Being aggrieved by Interim Maintenance (S24) order passed in family court, i decided to file review in same court.

But if in case review order is unfavourable, can we appeal/review against it in High court under Article 226 or Family courts act 19(4)?  Is appeal/review against a review order admissible?

Thanks in advance,



Learning

 9 Replies

Sachin (N.A)     22 December 2016

You cannot file review against review, you need to file revision against order which is reviewed by trial court.


(Guest)
Originally posted by : sai narayana
Dear Experts, please help me

Being aggrieved by Interim Maintenance (S24) order passed in family court, i decided to file review in same court.

But if in case review order is unfavourable, can we appeal/review against it in High court under Article 226 or Family courts act 19(4)?  Is appeal/review against a review order admissible?

Thanks in advance,

You can file a change in circumstances application in High Court if at all your review petition is set aside by LC.

One thing you need to keep in mind, if the alimony ordered is Rs 3000 to Rs 5000 per month, dont go for appeal in High court.  One thing is you will need to pay half of the balance which is due to your wife before HC accepts your change in circumstances application.  And another thing is anything less than 5000 HC wont reduce provided you are bed ridden or you are suffering with incurable form of leprosy or HIV.  The HC may just increase the alimony FC has ordered to 7-10k.  So look into all these aspects before approaching HC.  Or else you can also file a change in circumstances application again in Family Court at the end of 1 year from date of applicatoin of maintenance.  If 1 year has already passed, end of 2nd  year and so on.

sai narayana   22 December 2016

Dear Sachin, Will high court allow the review against the impugned order once it has been already reviewed by the same court which issued it.

sai narayana   22 December 2016

Dear Helping Hand, The order is not only suffering from quantity but also from quality as she obtained it by concealing some material facts in main OP, her misdeed can be proved without any need of any enquiry, just a eye look is enough. So shall I go for appeal in High court or review in the same court which passed the order so much blindly.

(Guest)
Originally posted by : sai narayana
Dear Helping Hand,
The order is not only suffering from quantity but also from quality as she obtained it by concealing some material facts in main OP, her misdeed can be proved without any need of any enquiry, just a eye look is enough.
So shall I go for appeal in High court or review in the same court which passed the order so much blindly.

Mind your language mister.  Court sees only those evidence which you have provided to it.  If you dont provide evidence against your wife's statement regarding her income court cannot be held responsible.  Even if you go to SC nothing will happen if you dont provide evidence of your wife's capabililty to earn her livelihood.

sai narayana   23 December 2016

Originally posted by : Helping Hand !



Originally posted by : sai narayana



Dear Helping Hand,
The order is not only suffering from quantity but also from quality as she obtained it by concealing some material facts in main OP, her misdeed can be proved without any need of any enquiry, just a eye look is enough.
So shall I go for appeal in High court or review in the same court which passed the order so much blindly.





Mind your language mister.  Court sees only those evidence which you have provided to it.  If you dont provide evidence against your wife's statement regarding her income court cannot be held responsible.  Even if you go to SC nothing will happen if you dont provide evidence of your wife's capabililty to earn her livelihood.

Please read my message again, I said "even a eye look is enough" that implies i have produced the evidence well before the order. Now say, who is mindless here, me or the one who ignored the evidence?

Sachin (N.A)     23 December 2016

Originally posted by : sai narayana
Dear Sachin,
Will high court allow the review against the impugned order once it has been already reviewed by the same court which issued it.

 

Yes, revision petition is maintainable.

Article 226 in The Constitution Of India 1949

(3) Where any party against whom an interim order, whether by way of injunction or stay or in any other manner, is made on, or in any proceedings relating to, a petition under clause ( 1 ), 

 

sai narayana   23 December 2016

Sachin, I am troubling you once again with some start up questions, answer them please. 1) what ever the plaints viz petitionis, written statement, applications we submit in court, one copy should be served to opponent. Can we do both on the day of hearing or required to be submitted well in advance? If it is in advance, to whom shall we give first, to the court bench clerk or opponent's advocate? 2) shall we take their acknowledgement while submitting to court and also while serving to opponent advocate?

Sachin (N.A)     24 December 2016

Originally posted by : sai narayana
Sachin,
I am troubling you once again with some start up questions, answer them please.
1) what ever the plaints viz petitionis, written statement, applications we submit in court, one copy should be served to opponent. Can we do both on the day of hearing or required to be submitted well in advance? If it is in advance, to whom shall we give first, to the court bench clerk or opponent's advocate?
2) shall we take their acknowledgement while submitting to court and also while serving to opponent advocate?

if court order you / or you choose yourself to submit your response in advance. you first need to courier your documents on her address and then file your documents along with original courier recipt in the court .

 


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