I am the respondent ( wife) in HMOP for divorce . The family court passed the order for dissolution of marriage. It is possible to file review petition in the same court ( family court) or I have to approach High cour for appeal.
Pushpa Rajan (EXECUTIVE) 16 March 2018
I am the respondent ( wife) in HMOP for divorce . The family court passed the order for dissolution of marriage. It is possible to file review petition in the same court ( family court) or I have to approach High cour for appeal.
KISHAN DUTT KALASKAR (Advocate) 16 March 2018
Dear Sir/Madam,
Since your case is complicated case as such I require documents and same may be send to my email/PM (personal mail) for detailed legal advise.
With regards,
Legal Expert
anubhav Bhatt 16 March 2018
R.K Nanda (Advocate) 16 March 2018
TGK REDDI 17 March 2018
The Questioner's query is whether a Review Petition can be filed.
No Reply meets this requirement.
Review is possible. Review Petitions should be filed in the same Court.
TGK REDDI 17 March 2018
Adv. Kamakshi
Namaste.
You're quite correct.
For the Questioner, only a theoretical reply is appropriate. Of course, members can give suggestions based on practice. But this doesn't mean theory is to be avoided altogether.
My experience is something more. Succeeding in the Appellate Court is almost as difficult as succeeding in the Court of Review. Even if our case is absolutely strong. Courts are devoid of justice. Barbarity everywhere.
R.K Nanda (Advocate) 17 March 2018
TGK REDDI 17 March 2018
So far the provision of Review is present in the Civil Procedure Code, the relevant answer for the Questioner is, YES. Hon'ble Members are free to add anything but are not free to delete YES.
SHIRISH PAWAR, 7738990900 (Advocate) 17 March 2018
You have to file appeal before high court against the judgement of family court.
TGK REDDI 17 March 2018
Shri Shirish Pawar
Dear Sir
The question is whether rules permiit the Questioner to file a Review Petition. After your answer, your suggestion can issue.
Yours faithfully
TGK REDDI
TGK REDDI 17 March 2018
Adv Kamakshi
Madam
I appreciated your wisdom more than any other Member.
But, in this thread, I'm, unfortunately, at variance with all other Experts and Members and you. I agree with your opinions. But opinions can't shun a Reply.
I've said whatever I can. Now I declare.
Yours faithfully
TGK REDDI
N.K.Assumi (Advocate) 18 March 2018
Both Revision and Review are creatures of statue, and Review would be maintainble, if exiatence of some important materials was overlooked or could not be produced at the time of passing judgment. Accordingly I agree with TGK REDDI, regarding the maintainability of Review..
N.K.Assumi (Advocate) 18 March 2018
With due respect to Adv Kamashki (Nellore) , I must add that both criminal and civil cout possess the jurisdiction of reversing and altering its own judgment. But unlike criminal court, in civil court the jurisdiction of Reference, Revision, and Review have been specifically mentioned in the code. But Review is exercised by the same judge and not like the appellate judge. The jurisdiction of Review is reconsideration of the same subject by the same judge as referred above in my previous posting.
TGK REDDI 18 March 2018
He's a great man who amends his own mistake.
I committed a mistake in one of the threads. No one pointed it out. Right of Maintenace can't be transferred. I interpreted this as the right on the property. No. I realised my mistake by myself. For example, a wife gets maintenace of Rs. 10, 000/- a month. She can't transfer this right to anybody. The right will die along with her.
I can't visualise a single man who doesn't err at all.
The Questioner asked whether a Review Petition can be filed. The only relevant answer is, YES. He didn't ask for any comment. Even then an Expert is at liberty to comment. But his answer can never be a blunt NO. Or, he can't skip the answer.
If a case is fit for an Appeal or Revision, that case must be fit for Review.