Can I use NON EXHIBITED document to appeal a decision to the High Court

Question

My 125 CRPC maintenance case has reached its conclusion, and I intended to appeal this decision in the High Court, but one of my crucial documents was not exhibited in family court. Will the high court now accept that same document—which was not exhibited—as proof? If not, how can I use that document, and what are my other options moving forward?(The document I am referring to is a generic income statement for my husband that I obtained from online RTI).

ankita jaiswal 1 Answer 68 views
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Answer ( 1 )

  1. instalegal
    0
    2023-06-16T13:25:16+05:30
    Reply

    Yes you can use the unexhibited document while challenging the decision in the High Court however after seeking permission of the court for leading additional evidence which was not available before the decision was pronounced as the same was obtained in RTI. The High Court may remand the case for fresh consideration on the basis of additional evidence or proceed to decide itself under the discretionary powers to take a decision in the interest of justice after considering the new evidence, if allowed to be exhibited in the appellate proceedings.

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