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dilipkhilwani (raipur)     04 October 2012

Review/revision of order of family court

my brothers wife suits under sec 125 for maintenance on january 2011. an interim of Rs 1500 p.m was passed. Due to his wifes absence in court, the family cout dismissed the case on 17th August 2011. but after 5 months she applied for restoration. she submitted false certificate of doctors. and the same case was restored on 18 August 2012.

After restoration I come to know that doctors certificate were false more over doctor has written the date of sickness certificate from november 2012 to dec 11, 2012. but no one either judge or layer had cared it.

 

if i want revision/review of case, where should i go ? is review provision in the same court ? or i have to go to highcourt for its revision.

 

please suggest me bcoz i have only 90 days for revision and now i have only few days left.    



Learning

 3 Replies

Tajobsindia (Senior Partner )     04 October 2012

1. If S. 125 CrPC case was being heard at a Family Court then under S. 397 read with S. 401 of Cr.P.C. to set aside the order of the learned Judge of the Family Court before HC but chances are less.
2. Your brother can also file a separate complaint case before MCI and get Dr.'s License suspended for few months as well.
3. Your brother can also file a Perjury case against his Wife in same Court right now.

 

dilipkhilwani (raipur)     05 October 2012

one Advocate of family court suggested me to verify documents from handwriting expert than go to high court.  wheras high cour advocate says no need for revision in high court you can review in same family court. I am confused which one is right ? 

 

rajiv_lodha (zz)     05 October 2012

OnlyHC can set aside the orders of restoration. If u plan to file perjury, then it has to be filed in the same court where she submitted the document i.e family/Distt Court


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