Legal Question in Family Law in India
dear sirs,
My wife filed DV case on me after 45 days of deserting me and the magistrate issued ex-parte interim relief to her by awarding my child's custody to her.
whereas as per the law, the magistrate has to take into consideration domestic incident report received by him from the Protection officer or service Provider. My wife has also mentioned in her application that she is attaching a copy of Domestic Incident Report. The case is ON for 2.5 months but till date the domestic incident report is not visible.
Is it possible that I request the magistrate, in my next hearing, to request reverse his order, as the said report is not a part of the suite and he also failed to consider Domestic Incident Report and contents of application before passing such order and hence his custody order should be reversed
Please advise as it is very very urgent for me
1 Answer from Attorneys
once he has passed the order, it cannot be reveresed as the magistrate has no power to review his own orders. better file an appeal against the order to the higher court.
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