Maintenance under 125 by false affidavit

You can file a case under section 127 of the Code of Criminal Procedure, 1973 through a local prudent lawyer.

Thank you for reply sir. Can I get my money back through 127 and how much time it will take to decide it? 

You have not posted the complete facts. Why the Court's order to pay maintenance?

Thank you, P. Venu sir, My mother had filed her examination through an affidavit, and then after she do not come for the cross-examination. Meanwhile, I have an accident happened and I was not able to present in court. During this time my advocate become idle, he had not taken cross-examination of my mother, and he has do not produce any documents in court not only that he has not done a final argument in court. After the final order was passed by the court, no one informed me. Then after 10 months, I got a recovery notice from the court at that time I come to know about the court order. Then after I filed an appeal in the high court, the high court rejected it due to delay. Then after I filed the SLP in the supreme court but it was also rejected. I filed 127 in family court in 2018. The court has asked to submit an affidavit as per the supreme court guidelines. I have submitted the affidavit but my mother has not submitted it for a long time so, I have filed 226 in the high court and it is pending. Here in 127 I have made a typo mistake in my affidavit that I have omited 2 colum by mistake and that are not applicable to me but, the court have forcefully compled me to withdwro my case and have withdrow my 127 in Nov. 2022. This is the histry of my case. Now I request you please guide me.

Originally posted by : pradip

Thank you, P. Venu sir, My mother had filed her examination through an affidavit, and then after she do not come for the cross-examination. Meanwhile, I have an accident happened and I was not able to present in court. During this time my advocate become idle, he had not taken cross-examination of my mother, and he has do not produce any documents in court not only that he has not done a final argument in court. After the final order was passed by the court, no one informed me. Then after 10 months, I got a recovery notice from the court at that time I come to know about the court order. Then after I filed an appeal in the high court, the high court rejected it due to delay. Then after I filed the SLP in the supreme court but it was also rejected.
I filed 127 in family court in 2018. The court has asked to submit an affidavit as per the supreme court guidelines. I have submitted the affidavit but my mother has not submitted it for a long time so, I have filed 226 in the high court and it is pending. Here in 127 I have made a typo mistake in my affidavit that I have omited 2 colum by mistake and that are not applicable to me but, the court have forcefully compled me to withdwro my case and have withdrow my 127 in Nov. 2022.
This is the histry of my case. Now I request you please guide me.

@ Pradip,

You may withdraw your application u/s 127 CrPC with liberty to refile, however, you have already withdrawn it you should refile. 

There is no limitation applicable in an applicatio n u/s 127 CrPC.

Seek professional services of another local prudent lawyer replacing existing lawyer.

If you are located in Delhi / NCR and feel so, may contact me.

Best wishes for the coming New Georgian year-2023
 

 

Thank you Dr. J. C. Vashista sir for your advice and offer of help. I am not from Delhi but, I will save your contact. Whenever I need any law related assistance Delhi side I will contact you.

Thank you Alpa Jogi for your advice.

Wish you a happy, healthy and prosperous New Gorgion Year-2023

Wish you happy and prosperous new year.