Challenging the final decision of 125 CRPC in the high court
10 months ago
The final decision has been made in my 125 CRPC maintenance case, granting me the XYZ amount based on the salary slip my husband presented in court in 2018. I wanted to challenge this decision in the high court, but one of my key documents was not been exhibited in the family court, which was generic details of the income of my husband, which I got from RTI, which states that the current income of my husband is much higher (3X times more). can I challenge this order in the high court?
A.Dear Madam,
You have two options you may go to High Court and get the matter remanded to the Trial Court or get reopen the closed matter in the Trial Court and say that there are undisclosed incomes of husband or there are developments in the income of husband as such higher rate of maintenance is to be awarded.
You have two options you may go to High Court and get the matter remanded to the Trial Court or get reopen the closed matter in the Trial Court and say that there are undisclosed incomes of husband or there are developments in the income of husband as such higher rate of maintenance is to be awarded.
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A.there are two scenarios:-
1) upon your first appeal in court, you were awarded the XYZ amount that you now want to challenge in the High Court. This is in fact possible, you can appeal to the high court.
2) This was your second appeal and the court awarded XYZ amount that you now want to challenge. In this case, you have exhausted your two appeals . You can still approach the High Court under section 481 .
1) upon your first appeal in court, you were awarded the XYZ amount that you now want to challenge in the High Court. This is in fact possible, you can appeal to the high court.
2) This was your second appeal and the court awarded XYZ amount that you now want to challenge. In this case, you have exhausted your two appeals . You can still approach the High Court under section 481 .
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