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Vinod (self)     16 December 2010

Review in 'Int Maint in HMA' failed. Shud I go to HC? Help!

Respondent-Husband's Review Petition against the 'Int Maint order in HMA Sec 24' was quashed in one hearing.

 

 

Shud I go to HC in revision (appleal not allowed as it is IO)? Wud it help or even boomrang? What are pros and cons on the main suit i.e. divorce against me by my wife.

 

Does going to HC create another bias in FC about main petition also? please comment if anyone can share experience.

 

 

I am feeling really really discouraged by the biased approach of FC. In India there is no justice for husbands. Every person shud be given training in divorce laws and court before getting married.

 

 

 

It came out true that 'review petition at trial court is a waste of time'

 

 

I am feeling very down and injured. Please suggest a frank and realistic advise. I just intend to get it finished asap....I am fed up.



Learning

 8 Replies

Siv (engineer)     17 December 2010

If you can give detaisl of dismissal of the review in High court that would help advicers to give you advice....

Also give your grounds that are supporting you to for appal in High court as per you....this also helps to give advice..

Arup (UNEMPLOYED)     17 December 2010

FIRSTLY CONFIRM, WHY IT IS QUASHED?

 

" (appleal not allowed as it is IO)? "

- YOU MAY GO ONAPPEAL AGAINST iO, UNDER SEPARATE SEC OF CPC.

NOT 96 BUT FIND IT NEAR  96.

Arup (UNEMPLOYED)     17 December 2010

" feeling really really discouraged "

- DO NOT BE DISCOURAGED. MIGHT BE FINALLY YOU WILL OWN.

PUT THE CAUSE FROM JUDGEMENT ORDER, WHY IT IS FAILED? IF YOU UNABLE TO FIND IT, THEN JUST POST, GROUNDS OF YOUR INTERIM MAINTENANCE; OPPOSITION'S REPLY, JUDGEMENT ORDER.

DO NOT PUT A LONG STORY, JUST IN PRECISE FORM.

Arup (UNEMPLOYED)     17 December 2010

" I am feeling very down and injured"

YOU ARE MENTALLY SHOCKED. TAKE SOME REST. START AGAIN.


(Guest)

@Vinod

Yes ,i concur with arup advise as WHY IT IS QUASHED?

Give reasons for that.

You said ," I am feeling very down and injured"

My advise you follow in your life ;

Enjoy every moment you have! Because in life, there are no rewinds, only flasshbacks. Make sure it's all worth it!

When someone walk out your life, let them. They are just making more room for someone better to walk in.

Vinod (self)     20 December 2010

This is an update to whole drama/ordeal that I am going through my in my life. So many thing s did happen in last few days which I am unable to comprehend!!!!!

 

 

Please Help!!  I am in need to right legal advise

 

First a correction and corrective measures as follows: Being at different city, I couldn't followup with my hearing on time.  I became supecious about my lawyer that he was baught by opposite party and it all came trueHe had started pressurisig me for settlement...

 

My lawyer had made some mistakes in review petition (documentation) which was noticed after I left the oath person's desk after signing on affidavits, as I was in a  hurry to catch return bus to my place, that day.

 

Now I am very clear that .....it was quashed 'not on merits or contents in it' but petition got quashed (refused or whatever the word) even before whole process was to commence like in main petition. So I am able file it again This information, my lawyer was hiding, as I was asking him for the resons of 'why it was quashed???' after you guys started flooding with reverse Qs to my question above (Mr Arup Sir, Adv Vyas sir)  Thanks for waking me up and encouraging me also.

 

Now I have asked my lawyer not to work for me any more and he has agreed and given me his letter accordingly today

 

Now I stand without a lawyer in Mumbai (Bandra FC) ...and I am left with around 5 working days (assuming there 30 day limitation either to go for review..................... in the same FC or go directly for revision in HC.

 

I got certified copies after almost 48 calender days after order was passed. On cash receipts the updated date is registered. My lawyer was clever but suddenly seems to have changed the side which I felt really offending)

 

Now I want to ask for help as follows...Please help me with my queries!!

 

Vinod (self)     20 December 2010

 

Is it worth going to the same judge (even though I have very strong new proofs)?

 

like documentary/bank statments(a/c no, original statements of ICICI and all other banks, original Form 16, Form 16A) etc proofs of wife's lies.................Judge has written in order that 'husband made allegations but hasn't provided proofs of wife's income' Some of those I could obtain on the next of the order passed!!!!

 

It was expected in the era of IT and computerisation of banks that wife comes with clean hands , as with an entry of PAN number bank can see all the transactions. Everything is trasparent now a days

Wife deviated from the plea suddenly in the last minute during 'arguments' which was allowed on the fly bu the judge (amendment to pleading is not allowed this..is it?) which is well captured and can be easily inferred from many paras in the order.

 

I am told to go to High Court directly by me friend who went through the RCR and MCD a long time back..............and file revision there

 

Big doubt and question in my mind....:  Would  I debarred from filing a revision, once I make an attempt of review at Family Court, if again the same judge uses discretionary powers to call it 'it lack force on merits'?

 

 

I am using the option of review...so that I could submit those new startling evidence that I missed to submit because my lawyer said that 'burden of proving' was on wife....and some of those evidence..... I obtained afterwards to the Interim Order.

 

 

I am told that... in review I am not allowed to submit any new evidence...it it true?

Or is there any way by which I can file new evidence/disclosures in HC?

 

If there is such opportunity/provision, then I am ready to go to HC directly

 

 

Please Help and advise.

 

I am already running short of time...........as well as a lawyer

Vinod (self)     20 December 2010

I am told that... in revision(at HC) I am not allowed to submit any new evidence...it it true?

Or is there any way by which I can file new evidence/disclosures in HC?

 

If there is such opportunity/provision, then I am ready to go to HC directly


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