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pankaj verma   30 November 2021

jurisdiction and power of revisional court or high Court

can in a revision in high court in an order u/s 24 of HMA can summon to an employer of wife as the wife has not mentioned her income in his affidavit of assets and liabilities but she has accepted in an open court that she is doing a private job for 10000/ but the family court has not take any action on her on giving false information as per the land mark judgement of SC in case rajnish vs neha. Petition is calling on his pws on his self responsibility he has not summon the employer of the respondent.. kindly guide me ..can i also filled the application in the concerned family court to summon the employer during the pws stage.
kindly guide me..


 2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     30 November 2021

 working wives can claim maintenance. According to the courts, even if the wife is employed, she is entitled to the same status and standard of living which she used to enjoy at her matrimonial home. ... The alimony from her husband can provide her some solace.

Archana Pandey   20 January 2022

Under Order 16, Rule 1, sub rule 3, The employer can be summoned here if there is sufficient cause for his non production before. Also under Rule 1A he can be brought into Court without summoning him officialy, again if there is a cogent reason. 

As regards the revision application, if the wife's admittance is on record, then revision can be filed for irregularity, as it is a breach of Rajnesh vs Neha and Court has wilfully not taken note of that.

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