Hello, I need help on a High Court (HC) matter. The wife moved a Miscellaneous application before the Family Court, which was eventually rejected. Now she has challenged this rejection at the HC.
However, the wife tried to play a dirty tactic here. She took permission from the HC that she’ll serve the Notice to the respondent husband directly (Direct Service, or DS). However, she never did, and instead filed an Affidavit before the HC that the husband had refused to accept the said notice. The refusal was treated as “Notice Served”.
Fortunately, the husband came to know about this a few months later and appeared in person before the HC. Not much had happened during the proceedings yet. Now the husband intends to submit a merit-based detailed response and also wants to move a separate petition for the HC to perform an inquiry into the wife’s conduct (as well as the maintainability of this petition) as it relates to the Service of the Notice (this includes the wife’s sworn Affidavit before the HC that she tried to serve it to her husband, which is a lie) as it’s a clear Abuse of the Process of Law.
Questions:
- Since the wife has challenged the order of the Family Court before the HC, her petition would be legally called an “Appeal”. Correct?
- Can such a petition be filed under the umbrella of the current case/Appeal pending before the HC?
- If yes, under which legal provision? That is, what should be the legal ground (e.g. Article Number, CPC rule, etc.) that would go in along with such a petition?
Thanks for your help.
Amita
