Ia - appeal to district / high court?
swasti
(Querist) 29 September 2012
This query is : Resolved
If family court allowed an IA by petitioner to amend the main petition, what are the options available for respondent to challenge that order? The issue framing and trial not started yet. The IA is to add mental cruelty as new ground in main annulment petition filed on impotency ground. I've objected the IA saying such amendment will change the basic nature of the main petition.
Can I file revision petition before the same judge?
Can I go for appeal before District Court?
Can I go for appeal before High court?
Is permission from Family Court required to file revision or appeal on IA order?
R.K Nanda
(Expert) 29 September 2012
1.no
2.no
3.yes
4.no
swasti
(Querist) 29 September 2012
please help me to clear why the order on IA is not qualified for revision/review in same court. Is there any law barring revision/review petitions on IA? or Do you mean I can't go for revision/review on IA based on the facts in this specific case?
R.K Nanda
(Expert) 29 September 2012
u can file review in the same court and chances r poor but try it.
swasti
(Querist) 29 September 2012
Thanks sir, I've filed RCR, and also I want to drag her annulment petition as far as possible thats why I asked such a query..
Now, I think the following steps will help to either get her IA dismissed or at least drag the case..
1) If her IA allowed in FC, file review in same court.
2) If order again not in my favor, file appeal in High Court.
3) Get the dates extended at least three times at each stage... I think, I can extend the dates/absent three times without any adverse effect at each stage.
Now I understand that there is no provision for appeal to district court on FC orders.
Can I do anything else to drag it further?
R.K Nanda
(Expert) 29 September 2012
these steps r enough.
Guest
(Expert) 30 September 2012
Endorse the opinion of Mr.Nanda.
To add, RCR is a useless remedy and often backfires.
Devajyoti Barman
(Expert) 30 September 2012
Amendments are liberally allowed especially before the initiation of trial.
Review by the same court(lower court) is hardly maintainable.
Go for revision in high court or appeal( if your state act so provides).
Raj Kumar Makkad
(Expert) 30 September 2012
It is better to file revision before the Sessions Court under section 397 (1) of Criminal Procedure Code.
swasti
(Querist) 30 September 2012
"It is better to file revision before the Sessions Court under section 397 (1) of Criminal Procedure Code."
Sir, As far as I know annulment petition in Family court is a civil matter...so how is it possible to file revision before sessions court? At present,there are no connected criminal cases in this matter.
Kiran Kumar
(Expert) 30 September 2012
there must be provision for Revision before High Court in this matter.
I dont think this order can be appealed.
V R SHROFF
(Expert) 30 September 2012
After Family court, only HC
