Dear Sirs,
In a Dv case the Metropolitan magistrate has gone out of the way and given a verdict wherein one of the points is to hand over a list of items to the petitioner at her place in person with in a period of one month from the order date. We haven't done it even after 5months.
The list was submitted by the petitioner with the main petition. Other than that there was no discussion whatsoever about this list during the total proceedings in court starting from evidence of the petitioner to arguments. While as many as 19 points have been covered in the appeal this one point alone matter alone has been left out in our appeal in sessions court. As on date the Sessions court has asked for the case record files from MM court and the receipt is awaited. At this juncture if the petitioner files a petition in MM court for the return of the items in the list and the court issues a notice to the counter petitioner can we counter it in the lower court with the learned MM?
We are from the counter petitioner's side.
Please advise.
Thanks and Regards.
N:Balasubramanian.
