illegalities in the Judgement of CRPC 125 maintenance case
10 months ago
My maintenance CRPC 125 case has been decided granting me maintenance amount of 18,000 per month, but the judgment contains several illegalities, such as 1) deciding the maintenance amount without Rajnesh vs. Neha affidavit of my husband, whereas i have submitted my affidavit 2) granting maintenance from the date of order (not complying with the direction of landmark SC Rajnesh vs. Neha). 3) deciding maintenance amount without deciding the income of husband 4) My husband's ITR details(which shows that he is earning 1,50,000 per month)had been retrieved through RTI by me and presented in the family court, but the court did not appreciate this information submitted by me (it was not exhibited because it was presented at the later stage of the case).
Now, Should I file an appeal or a revision in the high court? Are these illegalities enough to file an appeal, or should I file a revision? please help.
Review is a legal remedy that allows a party to challenge the correctness of a judicial order passed against them. The procedure for filing a review in criminal law is provided under Section 397 of the Code of Criminal Procedure, 1973.
According to Section 397, a person can apply for a review of any order made in any criminal proceeding if he considers himself aggrieved by the order. The review can only be sought on the grounds of discovery of new and important matter or evidence, which was not within the knowledge of the applicant or could not be produced by him in the original proceedings
Please file a review application
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