Amita 24 January 2019

Change in sequence of pages in the true-typed copy of order

Hello. I need help on this, somewhat different issue :

1. The interim maintenance Order by Family Court (rejecting the wife's claim) was a handwritten Order in local language.

2. In the Special Civil Application (before HC), the petitioner wife had also submitted a true-typed copy of this Family Court Order, in addition to the original handwritten copy.

3. However, in this typed copy, the page containing the Trial Court's findings of facts and merit-based conclusions has been moved from its original place to the previous section of the Order, containing the husband's contentions.

Upon bare reading of this (juggled) Order, it can give the 3rd party an impression that those were rather contentions/claims of the husband, rather than clear findings of Trial Court based on the evidence. Pl note that ONLY this particular page has been moved in this fashion.

4. In the adverse HC judgment under Art. 227 (Supervisory jurisdiction), the Judge has not even referred to any findings of facts by the Trial Court, which could be obviously due to such jugglery/change in the sequence. He has then passed an Order merely on presumptions.

How should we raise this issue ? Need guidance.

Thank You

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2 Replies

Martin S. 26 January 2019

Originally posted by : Amita
	Hello. I need help on this, somewhat different issue : 1. The interim maintenance Order by Family Court (rejecting the wife's claim) was a handwritten Order in local language. 2. In the Special Civil Application (before HC), the petitioner wife had also submitted a true-typed copy of this Family Court Order, in addition to the original handwritten copy. 3. However, in this typed copy, the page containing the Trial Court's findings of facts and merit-based conclusions has been moved from its original place to the previous section of the Order, containing the husband's contentions. Upon bare reading of this (juggled) Order, it can give the 3rd party an impression that those were rather contentions/claims of the husband, rather than clear findings of Trial Court based on the evidence. Pl note that ONLY this particular page has been moved in this fashion. 4. In the adverse HC judgment under Art. 227 (Supervisory jurisdiction), the Judge has not even referred to any findings of facts by the Trial Court, which could be obviously due to such jugglery/change in the sequence. He has then passed an Order merely on presumptions. How should we raise this issue ? Need guidance. Thank You

You want to waste time? Then what were you doing till now? When you got copy of juggled order you should have alarmed then, not now. Now if you do, they will change it? In all probability no.

You will stand to lose time. Wht is that you seek here? Doing some more rounds to court or want some solution to your problem?

Samir N (General Queries) (Business) 28 January 2019

Were their oral arguments in HC? Was the subject you now raise, raised during oral arguments? It should have been raised then and therefore the sequence of pages is irrelevant. Your advocate should have pointed the error then. Arguendo, let us assume that you did not notice the sequence error until the hearing was over and you raised it during arguments. If despite it been raised, the HC judges have failed to address it, then you have a chance....

If there were no oral arguments then again you stand a chance...

There is a provision in law to get the order corrected for administrative reasons/errors. I think the scope of change is limited.

You may also seek a review with a larger bench, especially if it was a one-judge panel. There you can raise this issue too but the sequence error should not be the main grounds but rather an auxiliary one.

Of course, lastly, there is the Supreme Court to approach which I am sure you know.