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RISHI JI   06 August 2023

Crpc 125 final judgement 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.

 



Learning

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     06 August 2023

You can prefer an appeal against the aggrieved judgement before high court.

In the memorandum of grounds of appeal you can describe all the points that were erroneous in the judgement or miscarriage of justice.

 

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     07 August 2023

Agrieved persons can go for appeal to higher courts.The court determining an appeal will correct errors by the trial judge and the right of appeal ensures that, as far as possible, courts arrive at correct decisions.

RISHI JI   08 August 2023

Respected seniors,

Please suggest can I filed review or revision 


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