Soma (ta) 30 June 2012

Need information for crpc 125

My sister in law has filled a case under crpc 125.Need to know the follwoing things

1. We have moved this case to high court for quashing as my brother is un-employed at this moment.Is it possibel to quash this case

2. Do we need a bail for this as this a criminal case.

3. Can police arres if there is no bail.

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7 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 30 June 2012

1. This case won't be quashed.

2. You don't need bail.

3. This is not a purely criminal case, it's quasi criminal, it is civil but where husband defaults on a maintenance order then the consequences are criminal (detention).

1 Like

(Guest)

Very rightly replied.

1 Like

Rajeev Kumar (Lawyer/Advocate) 30 June 2012

Very aptly replied by our ld.brother Bharat.

Rajeev Kumar (Lawyer/Advocate) 30 June 2012

Very aptly replied by our ld.brother Bharat.

N.K.Assumi (Advocate) 02 July 2012

Thanks Bharat.

Soma (ta) 02 July 2012

Thanks for the replies.But one curoius about one thing that I now understand that it is not possible to quash the case.But this case has alreday been transferrde to high court for which I can see update on calcutta high court site.So will this case be transferred to trial court or high court can give some order whether this is legal /not legal.By legal/not legal I mean to say that the girl is eligible to get the alimony since my brother is not employed at this moment.