Legal Question in Family Law in India

Can a review petition be filed against a stay order by district court before the same bench?

In a domestic violence case, there was an interim order from Chief Judicial Magistrate court for interim maintenance of Rs. 4000/- & allowing wife to take back her articles like almirah,dresses, certificates etc..

Respondent filed an appeal before district court stating that they have no objection in giving back the articles but he want to be relieved form paying interim maintenance as he has no financial means to pay the same. But the judge in his judgment settling the appeal, wrote that the articles should be kept as it is, until disposal of the main case and cut down the maintenance amount to Rs. 2500/-

This happened even after both the lawyers agreed on the matter of taking back the articles before the judge. But he somehow mistakenly wrote the articles to be kept as it is. Can wife file a review petition at the same court asking to allow her to take back the articles as the respondent has no objection for the same?


Asked on 1/15/13, 4:28 am

4 Answers from Attorneys
Sanjay Kalra Sanjay Kalra & Associates

Review petition is always before the same bench or judge. And you can certainly file the Review petition before the Judge.......Please check Sanjay Kalra and Associates on the internet to know more about our law firm and the legal services we are rendering for our clients from all over the World.

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Answered on 1/15/13, 4:32 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

i agree with Adv Gupta

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Answered on 1/15/13, 11:58 pm
Jayesh Desai Jayesh Desai

Review can be filed only if there is an error apparent on the face of it, and not otherwise. If you can satisfy court about such an error; then you can file review.

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Answered on 1/19/13, 12:58 am


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