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RamS   16 December 2018

Attached itr(v) but not referred in written argument

Recently I've been ordered by a magistrate court to pay Rs. 20,000/- per month as maintenance to my wife, under CrPC 125. Along the presentation of written argument, I also submitted my IT Returns and a case citation document. However, our counsel didn't mention add a "list of attachments" note at the end of our written argument. (In short, there is no evidence of me producing the ITR and a Allahabad HC case citation document.) Now that my wife has gone for appeal/revision in the High Court (u/s 397 & 401 CrPC) and I got the summon yesterday. 1. Can I be sure that my attachments will be passed on with case documents duly to the High Court from trial court? 2. To be on the safer side, can I re-attach them (and also one more fresh document) in the appeal/revision case when I file the reply/counter? What's the safest choice I have, to make the High court know that I had attached them in the trial court. Kindly advise.


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 2 Replies

Shashi Dhara   16 December 2018

Ur submitted records must be argued by Ur advocate in high court &he shall argue in court to reduce the main tenance amount also.

G.L.N. Prasad (Retired employee.)     17 December 2018

As the appeal is already pending before HC, let the advocate that has taken up the case for you decide all pertinent points after verification of the record received from Trial court.


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