Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Zuniee (Engineer)     05 August 2015

How to file review for dv order

Respected Sir.
Could you please guide me how to file review (Filing Review Procedure) for DV order in same court (Sessions Court).

In my DV case, trial court had ordered interim and wife went for appeal in session court. Case was getting shifted between1st Addnl to 2nd Addnl Courts, and last date (which I had attended) in that, judge has said I will hear this appeal case only in October month as this court is busy with other important / criminal cases and gave october month date (My lawyer had noted down in his dairy and next day I had checked online it was october's 08/10 date) but y'day when I checked online the date was 03rd Aug and status was JUDGEMENT in afternoon and by evening it became disposed. Disposal Nature : Contested, Partially Allowed. During this time my lawyer was out of station, today he told my wife had date advancement and judge considered me as absent. Interim awarded is really huge amount and DV case is going on from last 2 years. Sir please, help with your Guidance.

Should I be filing for review ? or Should I got High Court and Plead.



Learning

 5 Replies

Zuniee (Engineer)     06 August 2015

Respected Sir,looking forward for your guidance. Please

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     07 August 2015

There is no provision for review under criminal law. DV is governed by Crpc and hence the only remedy u have is a revision petition.

Zuniee (Engineer)     20 August 2015

Thank you very much Mr.Augustine Chatterjee  Could you please share some more light on it, like

which section, what should be the format or plea

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     20 August 2015

You could do one out of two things, Move an application u/s 29 of the DV act asking the judge to recall ther order. Or go under section 401 crpc seeking revision. 

Sarmmarmbb (goi)     21 August 2015

Sir (Chatterjee ji),

Can you please suggest any citation/judgement of apex court or HC to this effect.  Clarifying there is no provision for review of any order passed by the trial court in DV case??

if any, pls share with us.

Regards


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