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Ravinder Kumar (Account Director)     28 August 2011

CR filed for section 24: Please guide

Dear Ld. Members,

My wife filed CR in HC for increasing maintenance awarded to her under sec-24 by distt family court. Can you pls guide me that do I need to submit all the proofs in HC also which I submitted earlier in Distt Family court (my salary slip, wifes salary slip, my loan EMI statement).

The disst judge awarded maintenance for kid and not for my wife since she herself is earning.

regards



Learning

 5 Replies

Adv. Chandrasekhar (Advocate)     28 August 2011

In civil revision proceedings, trial court records are called for by the court at the time of issuing notice to the respondent.  If it is so, then you need not to file again all those documents and simply reply to the revision petition.  If the court has not ordered for the trial court records, you can make a request to the court to call for the records.

Wish you best of luck.

1 Like

Kiran Kumar (Lawyer)     28 August 2011

certainly HC will be going through the entire set of evidence relied upon by the District Judge....it does not mean that a fresh trial will begin in HC.

 

she has filed a Revision Application, which has a limited scope.....however, you must be realy with all your documents.

 

generally the HCs dont allow to file Written Reply to the Revision Petitions...only arguments are to be made.

 

meet some good lawyer and seek professional assistance.

 

Good Luck.

1 Like

(Guest)

@Ravinder Kumar

Adv.Chandu is right.If she filed Revision application then you dont have to give the proofs as trial court records are called by the high court ,and yes as kiran kumar said ,there is a very less chance in these revision application filed by your wife.But be ready by appoing a good advocate who can argue on behalf of you ,the good thing is she doesn,t ask for maintenance for herself but for her kids so what her advocate submit for kids is very important like your kids education expenses,their tution fees etc.So, these documents are very important is right.


1 Like

Adv. Chandrasekhar (Advocate)     28 August 2011

I do agree with Mr. Kiran Kumar that generally the courts will not ask for the reply to the revision petition.  If the respondent feels there is a necessity, he can request to file the reply and the court may or may not grant his request.  But certainly they look into trial court records, where your documents are available.

1 Like

Ravinder Kumar (Account Director)     28 August 2011

Thank You all for your valuable guidance... 


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