Legal Question in Family Law in
Sir,
May I request for your valuable advise whether I can file an review application / appeal before High Court of Chandigarh against their order passed against my appeal.
In the said order, the Hon�ble court has wrongly mentioned that
�It was held that the minor is studying at Noida and is living with her mother in New Delhi, therefore, the Court at Faridabad had no jurisdiction and the petition/suit was not maintainable�
Though The lower courts have held that �minor is studying at Noida and is living with her mother in Noida� where as High court in its order has held that �minor child is living with her mother in New Delhi�
The high court in its decision has totally changed the essence of the impugned judgments of the lower court.
Keeping in view the above discrepancy, Please advice any legal remedy to get an opportunity to again argue our views & submit the facts of the case to get the proper order / relief in High court rather than going for an appeal in Supreme court.
Your valuable advice would be very helpful for me.
2 Answers from Attorneys
in case the student is studying in noida and living in new delhi, how can the jurisdiction of P n H High Court is made out?
yes, this is an error on record. You may file a review. The only precaution one would take and one should take is as to how minor studying at Noida and living at Noida is going to help and how the court observation that minor studying at Noida and living at New Delhi has caused prejudice to you. Ofcourse under order 47 Rule 1 CPC you may ask for a review if there is an error of fact.
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