Civil Procedure Code (CPC)

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BAIKUNTHA TANTI (Sr. Personal Assistant)     20 October 2014



My spouse has filed a case u/s 498a and 4DV Act.  and subsequently filed a maintenance case under Domestic Violence.  I want to take back my family and have filed an undertaking and an affidavit in this regard.  Despite that the JMFC has ordered to pay Rs.30,000 (Thirty thousands) per month and the arrear from Jan'2012.  My advocate has filed a revision petition in the District Judge & Session Judge, Jharsuguda without any supporting evidence.  Can Evidence be filed in the form of an affidavit in District & Session Judge's Court ?

With regards,,

 4 Replies

great india (manager)     25 October 2014

Why such huge amt.....??? On wat basis....wats order in detail... U dont have any tax reciepts ITR OR SALARY SLIPS AS EVIDENCE....???

BAIKUNTHA TANTI (Sr. Personal Assistant)     25 October 2014

My lawyer did not appear before the JMFC, Jharsuguda and JMFC ordered whatever my spouse had claimed.

I want to take back my spouse,  she doesn't want to return back. Still then  is she  entitled for maintenance?

Adv k . mahesh (advocate)     25 October 2014

in revision petition file all the documents relevant to show your salary, loans, premiums payable, medical expenses if any, tax slips if any, like any document which you spend yearly to reduce the maintenance 

Adv. Chandrasekhar (Advocate)     25 October 2014

You specifically said that your advocate filed REVISION petition.  If it is revision petition, the revision court does not have power to accept further documentary and oral evidence.  The powers in revision petition are limited.  Those are on the basis of the record.  The revisional courts interference is warranted - (1) When the trial court fails to exercise the jurisdiction it has been conferred under the law (2)  When the trial court exceeds its jurisdiction and lastly (3)  The impugned order is perverse on the face of it.  Then only, revision court interferes.  You did not say whether it is interim relief or final relief.  I gather that it is a case under D.V. Act.  If it is so, an appeal lies and in appeal an application to lead further evidence lies.  If it is interim relief, then you ask the permission in the trial court itself to lead further evidence to buttress your case.  You are harping that you are ready to take your wife back and taking the totality of the situation, the court did not fit it right to send the wife back to husband.  so, for reduction of maintenance amount you can do what I suggested above.

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