Crpc 125-3
Yogesh
(Querist) 28 January 2015
This query is : Resolved
Sir/Madam,
My application for rejection of crpc 125(3)is rejected by JMFC.
Now where can i appeal ?
1. Session Court
2. High Court
please reply at the earliest
Nadeem Qureshi
(Expert) 28 January 2015
Any interim order passed by the JMFC, the opposite party/aggrieved party may file a revision against the order before session court or high court.
Yogesh
(Querist) 28 January 2015
sir it was not interim order, it was my application to reject the application of the wife because of she filed a false case of 498a against me and my parents, and this was my base to reject the wife's application under crpc 125 3 but hon. JMFC rejected my application. I have confirmed order passed by HON. High court Bombay vide AIR 2005 Bombay 298 ( meena Dinesh parmar V/s Dinesh Hastimal Parmar)
Pl.Reply.
can i challange the rejection in to Session or High court? and pl. inform the no of days to file revision in the session /highcourt.
Regards,
Dr J C Vashista
(Expert) 29 January 2015
You can appeal before High Court within 90 days of the order excluding time taken in procurement of copy of judgment.
V R SHROFF
(Expert) 29 January 2015
Appeal to HC within 90 days [+cert copy]
Yogesh
(Querist) 29 January 2015
Thank You Sir
I will arrange to file the same in HC Bombay.
Best Regards,
DEFENSE ADVOCATE.-firmaction@g
(Expert) 29 January 2015
The parmar case is very old 2005, thereafter there are many Judgments of various HIGH COURTS and SUPREME COURT.
You should have proved in the lower court prior to final order that you are willing and your spouse is not coming to live with you in spite of your best efforts.
Mere pleadings has no meaning.
Even at this late stage you can move the lower court u/s 127 with evidence and witnesses to revise the maintenance order.
ajay sethi
(Expert) 29 January 2015
make an application for certified copy of order and file appeal before HC within 90 days
Rajendra K Goyal
(Expert) 29 January 2015
Appeal to High Court within limitation.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 29 January 2015
High court will first ask for deposit of earlier dues., otherwise even no admission of the case.
There will be counter application by your opponent for enhancement of maintenance granted by lower court.And in most of the cases it is granted.
And unless you have a competent advocate there will be hardly few minutes for your case.
Attend HIGH COURT and see the orders and disposal rate in such cases.
So be prepared first than only venture.
