LAW Courses
LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Pushpa Rajan (EXECUTIVE)     16 March 2018

Whether the review petition can be filed before family court

I am the respondent ( wife) in HMOP  for divorce . The family court passed the order for dissolution of marriage. It is possible to file review petition in the same court ( family court) or I have to approach High cour for appeal.



 16 Replies


(Guest)

So long as order passed by family court is not interlocutory , you may file an appeal before the Division Bench of the concerned High Court

KISHAN DUTT RETD JUDGE (RETIRED JUDICIAL OFFICER)     16 March 2018

Dear Sir/Madam,

Since your case is complicated case as such I require documents and same may be send to my email/PM (personal mail) for detailed legal advise.

 

With regards,

Legal Expert

anubhav Bhatt   16 March 2018

Dear client you should approach Hon'ble High Court against that order it's a Final Order so only Appeal will come under the ambit.
Better if you contact us then I will elaborate properly about your case.
Advocate Anurag Bhatt
Allahabad High Court
Mobile 9198889990

R.K Nanda (Advocate)     16 March 2018

file appeal in high court.

TGK REDDI   17 March 2018

The Questioner's query is whether a Review Petition can be filed.

No Reply meets this requirement.

Review is possible.      Review Petitions should be filed in the same Court.

TGK REDDI   17 March 2018

Adv. Kamakshi

Namaste.

You're quite correct.

For the Questioner, only a theoretical reply is appropriate.      Of course, members can give suggestions based on practice.     But this doesn't mean theory is to be avoided altogether.

My experience is something more.     Succeeding in the Appellate Court is almost as difficult as succeeding in the Court of Review.     Even if our case is absolutely strong.      Courts are devoid of justice.       Barbarity everywhere. 

R.K Nanda (Advocate)     17 March 2018

Review petition is mostly dismissed by courts thus filing it futile exercise.no court wants to review it's own order.

TGK REDDI   17 March 2018

So far the provision of Review is present in the Civil Procedure Code, the relevant answer for the Questioner is, YES.      Hon'ble Members are free to add anything but are not free to delete YES.

SHIRISH PAWAR, 7738990900 (Advocate)     17 March 2018

You have to file appeal before high court against the judgement of family court.

TGK REDDI   17 March 2018

Shri Shirish Pawar

Dear Sir

The question is whether rules permiit the Questioner to file a Review Petition.       After your answer, your suggestion can issue.

Yours faithfully

TGK REDDI

TGK REDDI   17 March 2018

Adv Kamakshi

Madam

I appreciated your wisdom more than any other Member.

But, in this thread, I'm, unfortunately,  at variance with all other Experts and Members and you.      I agree with your opinions.     But opinions can't shun a Reply.

I've said whatever I can.       Now I declare.

Yours faithfully

TGK REDDI

1 Like

N.K.Assumi (Advocate)     18 March 2018

Both Revision and Review are creatures of statue, and Review would be maintainble, if exiatence of some important materials was overlooked or could not be produced at the time of passing judgment. Accordingly I agree with TGK REDDI, regarding the maintainability of Review..

1 Like

N.K.Assumi (Advocate)     18 March 2018

With due respect to Adv Kamashki (Nellore) , I must add that both criminal and civil cout possess the jurisdiction of reversing and altering its own judgment. But unlike criminal court, in civil court the jurisdiction of Reference, Revision, and Review have been specifically mentioned in the code. But Review is exercised by the same judge and not like the appellate judge. The jurisdiction of Review is reconsideration of the same subject by the same judge as referred above in my previous posting.

2 Like

TGK REDDI   18 March 2018

He's a great man who amends his own mistake.

I committed a mistake in one of the threads.   No one pointed it out.     Right of Maintenace can't be transferred.     I interpreted this as the right on the property.    No.    I realised my mistake by myself.    For example, a wife gets maintenace of Rs. 10, 000/- a month.     She can't transfer this right to anybody.      The right will die along with her.

I can't visualise a single man who doesn't err at all.

The Questioner asked whether a Review Petition can be filed.      The only relevant answer is, YES.     He didn't ask for any comment.     Even then an Expert is at liberty to comment.     But his answer can never be a blunt NO.     Or, he can't skip the answer.

If a case is fit for an Appeal or Revision, that case must be fit for Review.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading
Start a New Discussion Unreplied Threads



Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query