• CRL RC - Maintenance Case Revision at the High Court

I've an ongoing divorce case going. Meanwhile, I've been ordered Rs. 20,000/- per month towards maintenance by the magistrate court. The ordered sum is 1/3 of my Gross Total Income. Not satisfied with the ordered sum, my greedy wife went for an appeal/revision to the High Court of Madras (u/s 397 & 401 of CrPC) asking to enhance the maintenance.

My lawyer gave me two options:

1. I can appear for the court proceedings.
2. The lawyer can run the entire proceedings for me.

I'd like to know what procedure is followed in the court after I/we submit the counter petition. I mean, if the party's presence is optional, how will the advocates argue. How long will the appeal procedure take time to complete.

I'd like to visit the court and see and involve in the proceedings myself. Is this possible?

Kindly tell me how is the appeal/revision hearings carried on?
Asked 7 years ago in Family Law
Religion: Hindu

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11 Answers

1) your presence is not necessary in court . 

 

2) it is sufficient if you are represented by lawyer 

 

3) Lawyer will argue on basis of instructions given by you

 

 

4) you have to file detailed reply in the application filed by wife through your lawyer 

 

5) you can remain present in court on each date 

 

 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

It's always better to let your lawyer handle the proceedings rather than seeking off-hand info on proceedures and then appearing as party-in-person, based on such poorly baked knowledge. It will jeopardize your case in court. So you are best adviced to let your lawyer handle the proceedings

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

First of all yes.you can.visit court and watch proceedings also you can appear as party in person but it is always better.to.engage advocate.

Once she file a petition you need to file reply of petition and then either they file.rejoimder if not.then matter.is taken.for arguments and decided by court.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

yes you can appear in court if you want else your lawyer can represent you. It may take time to list in HC and dates differ as per listings

 

 

 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

You can visit the court and your advocate will arrange the entry passes in the High Court but you cannot participate until and unless you are being asked by the court about your opinion or your grievances.

Your advocate will speak on behalf of you to contest the revision of the maintenance amount and the court may enhance or decrease the amount awarded by the family court.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

yes you can speak only if the court ask something. Yes a pass for entry is required. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Of course you will have to speak during the appropriate stage. Has you advocate not briefed you about it? If he hasn't seek briefings from him

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

you can only be spectator 

 

you cannot addrss the court unless  less specifically asked to do so by the judge 

 

any litigant can visit the HC 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

There's no restrictions that you can't appear before high court during the hearing of the proceedings.

There's a provision enabling you to appear as a party in person too.

The appeal filed by her will be disposed in a matter of two hearings itself after you have filed the counter.

You can inform your advocate and make yourself available before court on the date of hearing to witness the proceedings in person.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

Dear Sir,

You can appear in person by taking back the vakalat/power given to your advocate.  You just ask your advocate to file retirement memo and then file your memo of appearance to conduct the case as “ Party in person”. You can see how and how long the proceedings will take place before the courts.

 

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Dear Sir,

My answers are as follows:

  1. I can appear for the court proceedings.

Ans: Yes, you can approach but cannot submit unless your advocate is retired from case.

2. The lawyer can run the entire proceedings for me.

Ans: If you have faith in your advocate then he can run your case provided sometimes the Court may ask you to be present in person.

3. I'd like to know what procedure is followed in the court after I/we submit the counter petition. I mean, if the party's presence is optional, how will the advocates argue. How long will the appeal procedure take time to complete.

Ans: Only arguments are to be advanced by both the advocates and time taken may be between 12-24 months depending upon the pendency of cases.

4. I'd like to visit the court and see and involve in the proceedings myself. Is this possible?

Ans: Yes, you can.

5. Does it mean that during the trial of the revision/appeal case, I can only be a spectator of the proceedings unless the court allows me to talk? And to attend, I'll have to get the entry pass from the High court?

Ans: Yes, you will be a spectator unless you wish to be Party in Person.

6. I've engaged an advocate already. I'm not appearing as P-I-P.

Ans: You may ask your advocate to retire from the case and conduct the case by yourself because it will be more effective.

 

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

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