125 crpc

vishesh kumar (Querist) 13 March 2012 This query is : Resolved
whether application 151 cpc can be file to recall the order as proceeding us.125 are semi civil? if then plz show me any juggement

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PARTHA P BORBORA (Expert) 13 March 2012
no. you Cannot Even of its quasi civil nature. Except filing of written statement you must follow the Criminal procedure code.

Arvind Singh Chauhan (Expert) 13 March 2012
Thanks to queriest I am also eager to know the answer.

PARTHA P BORBORA (Expert) 13 March 2012
but you can file a rivision under section 379 CR. p.c before the sessions judge.

venkatesh Rao (Expert) 13 March 2012
The proceedings are civil in nature in so far as it relates to recovery of amount of maintenance due. You can apply sec.60 CPC. For trial and enquiry, it is a criminal court and strict proof of marriage is not required as in civil proceedings. Even living together as husband and wife for a considerable period, wife can be granted maintenance.(AIR 1985SC765) If it were civil proceedings in spirit and essence, then strict proof of marriage would be required.

Ajay Bansal (Expert) 14 March 2012
No.Not at all.

Shonee Kapoor (Expert) 14 March 2012
Depends which court the case is running, family court or MM court.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

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