Queries on revision case
INDIAN LADY
(Querist) 30 March 2014
This query is : Resolved
Respected Experts , My husband has filed revision case after the order of interim in 125 . In 125 I claimed 9000 for me and my one year old son against telling his income of rs 40000. He is running a books and stationery shop and photostate in a Engg college. I gave the contract copy of his rent with college in which he is paying rent of Rs 4000 + electricity bills. In his reply he admitted Income of rs 10000 and told that he is running a photostate shop only. My elder son age 3.5 years with him. He is living on rent with his mother. Then he gave a (notice to him from college to vacate the shop ) copy to court proving that hid shop will be vacated after some time. Which I come to knoq that he has taken that letter from college after making lot of reqursts to officers of college. BUT after all this court considered his income as 15000 to 20000 with guess work on given prooves and allowed 6000 interim from date of application. Now he has gone for revision . My query is session court will give his decisions on given proves only or he will entertain the new docs also as I afraid that my husband will take the contract on some other name and will show that he has vacated the shop and hv no business . What should I do to get the interim same or with increment. Can We request to court to summon to college official to give the right statement that who is running that shop. Why they v made the false letter to vacate the shop. Kindly advise
Devajyoti Barman
(Expert) 30 March 2014
During trial you can summon anyone you choose to prove income of your husband.
In Revision the interim maintenance is not likely to be modified.
ajay sethi
(Expert) 31 March 2014
chances of interim maintenance being modifed are bleak . Rs 6000 as interim maintenance awarded to you is reasonable amount considering your husband income of Rs 20,000 as estimated by court
Rajendra K Goyal
(Expert) 31 March 2014
The interim maintenance would be revised in the circumstances is doubtful.
collect all information about his income whatever possible or call the college staff for witness.
T. Kalaiselvan, Advocate
(Expert) 31 March 2014
You do not have to bother about his additional evidences during the revision petition, the hearing of revision petition will be on the basis of the order given by the lower court, however, you can preserve the evidences i your possession for trial of main petition before the concerned court.
Biswanath Roy
(Expert) 08 April 2014
In my opinion Sessions Court has rightly determined the alimony and there is every chance of confirming the same by the High Court in revision.
