Dear Experts,
I have requested to help me in the following matter.
In the matter of Domestic Violence Case at Allahabad (as my wife is from Allahabad and I am permanent resident of Delhi and we live together in Delhi at my home after our marriage at Allahabad), My wife deserted me without any reason and not turn back despite many request. I file the RCR at Delhi Court and get the ex-parte order in favour of me. But she has not turned back and lodged the fake complaints. After the more than 2 years and she has filed the DV case at Allahabad against me and my whole family along with my relative. She has not mention the RCR in her petition and the Lower Court of Allahabad prejudicially proceeded as Ex-parte (the lower court has not sent any summon/written communication as per court postal record and Order Sheet) and get the Interim Maintenance Order U/s 23 by Lower Court at Allahabad with the endorsement of wrong information about my earnings submitted by my wife in DV petition & affidavit. After getting the complete knowledge about this case and collected the relevant papers I have challenged /file the Appeal against this impugned Court Order in next higher court i.e. Distt. & Session Court. Hence the process of Uttar Pardesh Judicial System is different and lack of procedural knowledge of me and my Advocate we had taken 2 months to file the Appeal. So I had file the Appeal with Delay Condone Application. In the first instant/hearing the Session court has reduces the maintenance amount and proceeds for further. After the 4 months (in 10 dates) and only in 3 hearings the session court dismiss delay condone and my Appeal with the endorsement of wrong information in their Order Sheet and rely upon the statements of opposite party lawyer without evaluation of my submitted documents.
1. What should I do next either go for Appeal or go for Revision? Which one is best option and what is the time limit for filing in both cases “Appeal “ and “Revision”?
2. Should I file the Review Petition at same court i.e. ADJ or in Allahabad High Court? And can the High Court stay the whole proceeding of Lower court till the hearing of “Appeal” or “Revision”?
3. If someone means any Expert/Advocate view this post and deemed fit to take my case are most welcome as I am need of High Court Advocate at Allahabad.
Kindly suggest with the proper logic.