IM review petition has been set aside

4 years ago

Hello Every One,
IM awarded (district family court)...paid close to 50,000 and still 2,00,000 arrears pending. Opposite party has got order for execution of the same.
While paying 50,000 (in parts) waited patiently till wife filed her evidence in 498a and collected some other evidence to show how she was misleading(fraudulently) the court with false allegations. Got acquitted in 498a...and then filed a review petition under section 44 of evidence act with all the documented evidence, revealing the suppression of material information and fraud. Filed written arguments with all the documented proof and relevant citations. Documented evidence hadn't been marked though.

Hon'ble court ,twice in the order (once at the beginning and once at the end) mentioned that No oral or documentary evidence adduced, Further, elsewhere in the order, its also mentioned that "the only ground mentioned in the petition was 'Fraud' . Once the petitioner pleaded 'Fraud' in the review petition he has to prove it beyond reasonable doubt in the main petition" (the phrase 'in the main petition ' is underlined)

what does it mean ? Did the Hon'ble court simply ignore my evidence (bank statements etc) because they are not marked? or was it a mistake? How do I approach the issue now (without going for appeal in HC)?

Also, she filed for divorce along with the maintenance petition. Counter filed at that time denying the allegations. Can i become ex parte to that petition at this juncture (having secured all the evidence to prove her false allegations I would be able to defend myself in the maintenance cases etc)

Evidently I did it put in lot of work to expose her and to file the review petition. Its dismaying that court hadn't taken cognizance of the fraud (inspite of the evidence) when its supposed to pay a serious attention.