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Abhinav Jaiswal   25 June 2023

Unexhibited documents

Can unexhibited documents (which was not exhibited in the family court) that were obtained through RTI be accepted and taken into account in the high court?

And also, if I am satisfied with the decision in my maintenance case, should I go for an appeal or revision? What is the key difference?

 



Learning

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     26 June 2023

If you are satisfied with the maintenance decision then what is the necessity to prefer an appeal or revision.

If it was a judgment of the maintenance case, then you can prefer an appeal before the appellate court to get your grievances redressed.

If it was an order passed in an interlocutary aplication then you may have to file a revision petition before high court to set aside the aggrieved order.

The appellate court will not entertain any document to be marked as an exhibit in the appeal especially if the trial court has not marked them as exhbit.

 

1 Like

Advocate Bhartesh goyal (advocate)     26 June 2023

Unexhibited documents are neither considered nor  looked into by court.

Yes if judgment has been passed in maintenance case and you are not satisfied with then appeal lies against the judgment before High Court.

If interim order has been passed by court then revision lies.

1 Like

Dr. J C Vashista (Advocate )     26 June 2023

There is no need to file an appeal when you are satisfied with the order/ judgment passed in your favour, I concur with the opinion and advise of learned senior experts Mr. T Kalaiselvan and Mr. Bhartesh Goyal ji.

When you are not aggrieved by the order passed what do you intend to prove from the "unexhibited" document and why so?

Key difference may be questioned before your tutor/ coach/ professor. 

You have stated in the facts posted, inter alia, that, "Can unexhibited documents (which was not exhibited in the family court) that were obtained through RTI be accepted and taken into account in the high court?" is contradictory to your further statement, inter alia, that, "And also, if I am satisfied with the decision in my maintenance case, should I go for an appeal or revision?" which make the facts as academic / hypothetical and not a real story.
 

Abhinav Jaiswal   26 June 2023

I apologise, sir, for forgetting to type the word "not," I'm not happy with the outcome. 


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