Revision against ex-parte under 125 of cr.p.c
KULKARNI KAUSTUBH PRAVIN
(Querist) 21 August 2014
This query is : Resolved
1-ex-prate order against husband UNDER sec-125 cr.p.c.
2-judgement pronounced on 6/04/2013
3-husband is not aware about litigation.
4-now before 8 days the warrant issued against him.
5-he want file revision petition along with stay petition and delay con-donation application.
IT IS LEGALLY RIGHT/POSSIBLE?
Devajyoti Barman
(Expert) 22 August 2014
He can either file revision u/s 397/401 cprc in higher court or review u/s 126 in the same court.
V R SHROFF
(Expert) 22 August 2014
Academic Query by " STUDENT"
Magistrate cannot proceed w/o serving Notice to Husband!!!!!
ajay sethi
(Expert) 22 August 2014
agree with Mr barman
Rajendra K Goyal
(Expert) 22 August 2014
Agree with the expert Devajyoti Barman.
Shonee Kapoor
(Expert) 22 August 2014
Ld. Barman has given right advise.
Shroff Sir, the court would have seen that the service is wilfully being avoided.
Regards,
Shonee Kapoor
www.shoneekapoor.com
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If you don't fight for what you want, don't cry for what you LOST.
T. Kalaiselvan, Advocate 
(Expert) 26 August 2014
Mr. Shroff's observation is right, it appears to bean academic query only because there is no exparte order in criminal case and if the husband fails to pay the ordered amount, a warrant can be issued on him provided the application is moved within one year to levy such amount from the date on which it became due, here the author says that the order was made on 6.4.2013 and the warrant was issue just 8 days back, i.e., very well beyond the stipulated one year period. So better not tutor the author on his academic queries.
