Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

A. Kumar (None)     09 July 2014

Writ petition to pacify courts decision

I am writing this letter on behalf of a Family whom I knew by Chance. Their daughter has been left by the Husband; they are contesting alimony case and lost, as only negligible amount of alimony was set by the court as the salary particulars submitted by the Male spouse for fake. Later I helped them to get the correct salary particulars through RTI, Income Tax, that too after lot of struggle.

There is one more story, when the alimony was very Low and the Girls Family filed Re-appeal, the case was dismissed w/o re-consideration. The reason being the male spouse submit something in High court that the Judgement should be given immediately and High Court pass on the Instructions to Lower court, I believe either in its Pressure the decision was amalgamated or may be some influential manipulation could be the reason why the alimony re-appeal was not considered, as it can be seen that 1500/- month alimony is nothing. Male spouse submitted the fraudulent information regarding his salary particulars; he informed court that his salary is less than 12,000/- in hand. However based on the information that I have helped them obtain through RTI says that male spouse is continuously filing tax on at least 10 Times the salary he has submitted to the court. 

1.     Girls Lawyers is saying that re- appeal to the alimony case rejected should be done in 3 Months, However 3 Months have passed. They have just obtained the RTI information; prior to this they didn’t have ample Proof to demand alimony again.

2.     I think this belongs to Civil Court and The civil court in that city was closed in June, so I still believe since the court was closed one month extra should be given on top of 3 Months slab.

3.     My Biggest Point is contacting and requesting High courts can influence and pacify the decision in Lower Court, I don’t whether it is done through writ Petition or something that I don’t Know. Please Guide me how can I request High Court to re-open the case and set Instructions to resolve in some Maximum time span with revised alimony set by the High Court.

 

 

 



Learning

 0 Replies


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register