Dear Experts,
I would appreciate your advice.
Hon’ble Family Court recently issued order u/s 18 of HAMA. Order missed the observation of Hon’ble Court on certain fundamental/crucial points which entirely turned/changed the result of the case. i. e submission of fabricated documents, using Relatives as “FRONT MAN” to hide income, criminal conspiracy against Petitioner.
Petitioner did provide documentary evidences and even Hon’ble High Court commented on the lies of the Respondent while dismissing his writ petition.
Learned judge (in open court) explained that as the order was ex-party he did not provide observations.
Here, I would like to update experts with the following facts:
Respondent did contest his case in Hon’ble Family Court, made various statements and filed documents. He even challenged and argued against the documentary evidence submitted by the Petitioner on two different occasions i. e . Interim maintenance application and review petition
Respondent again countered documentary evidence of the Petitioner in the Hon’ble High Court by filing writ petition together with 122 pages of supporting documents, which was dismissed with observations against Respondent and his manipulative story.
Respondent even ignored the direction of the Hon’ble High Court to explain (in the Hon’ble Family Court) the documents filed by Petitioner or prove they are fabricated.
After rejection of his writ petition by Hon’ble High Court, Respondent sensed that he has no way to escape so he deliberately avoided the last leg of the court proceedings i. e. cross examination of Petitioner and argument (though opportunity was given).
In the light of above, I have following query:
1. Is reasoning of learned judge to consider order ex-party correct?
2. Could Petitioner file a request application for court observation(s)?
3. Would request application be treated as contempt of court?
4. Would request application invite any adverse remarks against Petitioner from the Hon’ble Court?
5. Would Petitioner be penalized for filing request application?
Anticipating reply.
Regards
RaJ
