Regarding sec 23 of DV act

[Appla Raju]

Dear sir,
Here are the brief facts of the case: she had 125 order in her favor which is under revision(Highcourt),498A is in stay(Highcourt).
Spouse filed false DV act application U/S 12(18,19,20,21,22) of dv act and also separate application u/s 23 of the Dv act.After receiving the application magistrate call for DIR report.Had argument and application u/s 23 was rejected. After that opposite party filed revision application u/s 29 of dv act in DJ court. after one year DJ transferred the said application to ADJ.After many months ADJ passed order to lower court to again review the order passed u/s 23 of the act.

We argued in front of the ADJ that the case is false and to have interim maintenance order in her favor she made false deposition u/s 21 of the act as she didn’t have any child she left husband on 4/9/12 and filed petition u/s 12 on 20/5/15. We also argued for time barred case.

Here i want to know the legal ground why ADJ himself not passed any order and send back the application to lower court for review and pass appropriate order.
Please guide me on legal aspects .

regards

[Dr. Ashok Dhamija]

The appellate court has the power to determine a case finally or remand the case back to the lower court for fresh hearing/order. This power is available both under the Criminal Procedure Code (Section 386) and under the Civil Procedure Code (Section 107).

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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