Time limit for filing the revision in the session court for interim maintenance case u/s 125 crpc

This query is : Resolved 

24 March 2013

Dear Expert members
In matrimonial cases for maintenance u/s 125 CrPC if any metropolitan magistrate awards unreasonable interim maintenance to the estranged wife what is the time limit for challenging the order of magistrate by the way of filing revision petition before the session court?

In such cases when the period of limitation starts begin to run ? whether by the serving of the order by the wife or from the date of pronouncement of order made by the Magistrate?

Under which section of CrPC it covers the Limitation ??

raj kumar makkad (Expert)
24 March 2013

30 days from the date of the pronouncement of order and relaxation of those days within which the certified copy of the order was not prepared by the copying branch is also added thereto.

Section 397 (1) is applicable in this matter.

Raman (Querist)
24 March 2013

Sir, the time limit has not been written in 397(1) CrPC..If we miss the period whether we can move to the H.C under section 482 CrPC and in such case what will be the time limit for appeal?

Arvind Singh Chauhan (Expert)
24 March 2013

Within 90 days- Article 131 limitation act.Schedule 1

R.K Nanda (Expert)
Click to Talk
24 March 2013

it is 90 days.

Devajyoti Barman (Expert)
Click to Talk
24 March 2013

90 days for revision in sessions court of high court.
However there is no time limit for petition u/s 382 crpc.

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