Recently I've been ordered by a magistrate court to pay Rs. 20,000/- per month as maintenance to my wife, under CrPC 125. Along the presentation of written argument, I also submitted my IT Returns and a case citation document (handed it to the magistrate). However, our counsel didn't add a "list of attachments" note at the end of our written argument.. and made no reference to the attached documents anywhere. (In short, there is no evidence of me producing the ITR and a Allahabad HC case citation document.) Now that my wife has gone for appeal/revision in the High Court (u/s 397 & 401 CrPC) and I got the summon yesterday. 1. Can I be sure that my attachments will be passed on with case documents duly to the High Court from trial court? 2. To be on the safer side, can I re-attach them (and also one more fresh document) in the appeal/revision case when I file the reply/counter? What's the safest choice I have, to make the High court know that I had attached them in the trial court. Kindly advise.
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1) wife may or may not enclose documents relied upon by you in her appeal / revision application
2) you can in your reply enclose documents filed by you before the trial court
3) you can in your reply make reference to the documents filed by you before trial court
An appeal is a fresh case. You have to file your written statement in appeal also, and in that, you will mention all evidentiary documents as exhibits, and attach those documents at the end. Take care as to mark those exhibits appropriately and also do proper pagination.
All this is the work of your lawyer. If you have appointed a competent enough lawyer, I fail to see the reason of your confusion
1. If she has approached high court for enhancement of the interim maintenance, you may in yor counter to her petition mention the facts while denying her allegations and may even attach the copies of the documents yo rely upon to defy her claim.
2. You can file those documents which have already been produced before court and not any aditional document.
1. High Court will call for the documents from the lower court.
2. While submitting affidavit in opposition, you can certainly annex the said plaint along with the annexure which you had submitted before the lower court.
1. You need to take certified copy of.written statement and all document attached along it and can file along your reply.in high court.
2. You can attach the certified copy of documents submitted below further if you are adding new document it would be on court to consider same.
Thanks everyone. The maintenance ordered was 1/3 of my Gross Total Income. That means (IMHO) the lower court has given the correct judgement (based on the 1/3rd norm generally). She also, in her revision petition, under-stated the maintenance ordered by the trial court (says only 12k ordered) in an attempt to cheat the appeal court. Is it possible for the High court simply reject their petition because of providing false information (assuming that my lawyer is competent enough to highlight it)? Is it also possible that the appellate court lower the quantum of maintenance (note that it was my wife who went for an appeal for enhancement).
Even if she had preferred this appeal it becomes your duty to challenge the same on merits.
You cannot remain idlr leaving it to court to decide on the merits in your side.
Your side has to present the strong arguments to reject or dismiss her appeal stating it as a vexatious appeal.
It should be one third of net income and not gross income
2) it is well settled lawthat petioner who has not come to court with clean hands is not entitled to any relief
Yes if she has provided false information the petition can be rejected though the order of lower court need to be attached with the petition.
See the court shall simply reject the petition in ber revision though high court can lower but there are less chances of same
Dear Client,
File an appeal as SC has ruled 25% of gross salary just maintenance. Even HC can proceed against u/s 340 CrPC for submitting false details.
1. The High Court will hgaer both the parties before passing order.
2. In the instant case it is your wife who has filed the appeal against the order of the lower court for inadequate amount of maintenance amount for which it will never be reduced by the High Court.
3. You shall have to file the appeal praying for its reduction.