Is Civil Revision Petition maintainable (at the admission stage of petition vide 'legal bar on revision, limitation' as well as on 'merits/contents') at Bombay HC against the interim order (HMA, sec 24, in favour of Petitioner-wife) passed by Family Court , especially in the following likely scenarios as a aftermath to the order?
If Respondent-husband prefers to file for review at the same FC (mainly bcos he wants to adduce new startling evidence, in his favour, which wasn't available earlier and there are material irregularities in the order)
If he goes directly to HC for revision, he would be deprived from filing that new evidence (please correct me if this is a wrong understanding) This is the biggest worry for me!!!!
If Family Court rejects the review application also, then husband is left with two adjudications to bear i.e.
- an Order to pay maint (Order no. XYZ)
- A dismissal of his 'Review Application no. ABC' to which prevented from further appeal.
And he would have lost the time also.
Order 47 rule 7 of CPC says:Order of rejection not appealable
Does that infer as........... although Husband can't appeal in HC to plead that 'Erroneously, my previous order isn't being taken for re-hearing at Fam Court?' But Husband is still not barred by law to go to HC with a revision plea to Order no. XYZ, and to pray at HC by Civil Revision as follows.........
- 'kindly revise the order no. XYZ, and also kindly do consider the 'evidence adduced' during Review no. ABC although it is dismissed by family court'
- 'And although husband had merits, lower court didn't even look at the new evidence...and this has caused material irregularity and grave injustice is done to husband'
What the husband is achieving here is that...............Although He is going to HC for a revision after dismissal of review...he is going for revision with that new evidence onboard!!!!! And HC always looks at the matter afresh even though family court may be reluctant to appreciate the 'relevancy' of that new evidence
Please give your opinions. This is really urgent. Thanks.
