ramu_2408 (Analyst) 11 August 2014

Dvc appeal after 10 months

Hi, I am Ram. My spouse filed DVC on 05/02/2011. The case was dismissed along with the maintenance on 03/10/2013 . Now she went to sessions court for appeal on lower court judgement along with the condolence of delay u/s 5 petition. my mother got that notice and for other 4 members along with me the notice was returned back as we are not at home when post man came.

I have few queries:

1. She want to harass me further by making me run around the court. It takes 2 days for me to appear in court for each date. So i decided not to contest it and let her get the expartee. What will be the conseqences?

2. In lower court,it is a 40 pages judgement. So will the sessions court consider these?

3. Can she file new evidences, as i came to know that she got my pay slip PAN etc some way.

4. In lower court the judge dismissed the case stating that no Domestic violence was done and hence no maintenance and compensation. Will the session court consider this? Or will it grant any maintenance?

5. If she gets something in expartee that is against me , what will be my open options?

6. Is High court the next level court of sessions court?

Thanking every one in advance

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5 Replies

Adv Archana Deshmukh (Practicing Advocate) 11 August 2014

It is a bad idea to let the case go exparte. It will be wise to contest it, also its not necessary for you to attend the court on every date of the appeal or the delay condonation application. Your lawyer can attend it. If the appeal is decided in your wife's favor than, the court may set aside the judgment of the lower court and grant her the reliefs that she asked for. So, it is better to contest it properly.

ramu_2408 (Analyst) 11 August 2014

Thank you Archana.

As of now notice of appeal is not served to me. And she does not know where i am staying.

Can the sessions court still take decision and set aside the 40 pages lower court judgement which was contested for 3 years. If the sessions court does not consider that judgement and sets it aside, I will go for appeal in High court. I feel better in High court than in the sessions court as i need to do a long journey and my health does not permit that.

Please suggest

ramu_2408 (Analyst) 12 August 2014

Please provide some suggestions

T. Kalaiselvan, Advocate (Advocate) 14 August 2014

Without contesting the appeal in the lower appellate court you cannot take up the matter in the higher appellate court, better engage a lawyer to represent the case and strongly object the condone delay petition strongly so that the matter is not take up in initial stage itself by the appellate court.