Section 125 crpc reg

vinay sharma (Querist) 15 September 2014 This query is : Resolved
sir,

my wife filed petition u/s 125 crpc for maintenenace. the court awarded her rs. 8000/- per month maintaince during the year 2008. i filed criminal revision against the said order in high court. the high court directed me to pay rs 8000/- per month till th efinal disposal of revision. as per th eprders oe high court i am depositing rs. 8000/- by way of dd in the famil court upto 15th of every month, from there my ex-wife is wthdrawing the amount. the revision is still pending in high court for final disposal.
now my ex-wife has filed petiiton u/s 127 crpc in family court for enhancement. she had not mentioned naything about revision being pending against the sec 125 order in high court.

my question is whether petition u/s 127 crpc is maintainable when order u/s 125 has not attainaed finality. please provide any judgement on the issue.

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Devajyoti Barman (Expert) 15 September 2014
Inform the court that since revision is pending against interim order, the petition u/s 127 should be stalled till its disposal.

Rajendra K Goyal (Expert) 16 September 2014
Inform the court about pending revision with High Court.

T. Kalaiselvan, Advocate (Expert) 24 September 2014
Agreed that during pendency of revision, the proceedings u/s 127 may be stalled by filing a memo.

vinay sharma (Querist) 24 September 2014
sir

what is memo, is it counter affidavit

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