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125 CrPC-Scope of Revision

Nitish Banka
Last updated: 11 March 2016
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These days many men are affected by the final order of maintenance towards their wife and are looking for best possible legal option to reduce interim/final maintenance amount or even looking for setting aside the said amount.

The trial courts uses their own methodology to evaluate and measure the quantum of maintenance  which may be imposed on to the husband, but what about the husband who is dissatisfied by the order of the trial court in 125 CrPC proceedings?

One of the legal option is to go for revision proceedings in the higher court as appeal against the order under 125 CrPC is not maintainable, but whether you should opt for revision proceedings or not depends on the merit of the case in hand.

A revision in the higher court is of limited purposes only and higher courts have limited jurisdiction to adjudicate or to decide upon the order given by the lower court here are the limitation and scope.

-> The High court will not interfere in the finding of the lower court if the evidence is properly appreciated. Kamla Devi V. Mool Raj

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->If there is a positive finding that husband has failed to maintain wife, therefore the order of maintenance is passed. The Revisional court cannot upset and interfere with the finding of lower court. Munesh Kumari V. sheo Raj Singh

->The questions related to child is illegitimate, is applicant a wife, being pre-eminently questions of fact cannot be reopened and revisional court cannot substitute its own views. Now if the finding of the trial court is that applicant is a legally wedded wife and high court disturbs the finding that applicant is not a legally wedded wife and disturbs the finding this cannot be permitted as the finding would become negative and such findings would have have a long lasting impact on the society with evil consequences.

However if the finding of the high court is negetive  than only higher courts have power to interfere with the order. Santosh(smt) V. Naresh Pal

Advocate Nitish Banka

nitish@lexspeak.in


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Comments

9 years ago Fraud_victim

lower court ignored my last 2 years IT returns & refered to older IT returns and in absence of me & my counsel, passed an interim order. Can i file complaint against this judge for putting wrong statement in the order (that i was done in my presence)?


9 years ago dr g balakrishnan

all parliamentarians need to be accountable to every citizen they cannot divide people and rule, soon all such would face eviction from parliament under citizen's fiat sooner than expected.


9 years ago dr g balakrishnan

these institutions under article 12 may get some recognition if they live to the constitutional expectations, i do not treat the parliament as great just it failed to work under stringent articles , what great it could be if it resorts to constitutional amendments, what USA did not exist with just 26 amendments over abt 300 years of its constitution, USSC just work with that constitution only, why you can't that shows indian law makers are some worthies do not know governance. if u can't work within limitations, better not become a parliamentarian for heaven's sake.


9 years ago dr g balakrishnan

why citizens spare these defacto worthies, some under just article 12 some institutions, they could be acceptable if they live to the constitutional expectations,if not questionable by any beggar citizen after all he is citizen sovereign.


9 years ago dr g balakrishnan

i do not spare PM why judges too as all these worthies need to be answerable to any ordinary man on the road after all citizen even if a beggar is sovereign power. MPs /MLAs are not soverein power but some satellite like moon. Moon lives by reflection else it is some dark mass only, one needs to realize. Earlier the better.


9 years ago dr g balakrishnan

in india we think PM is some great person but unfortunately he is like you answerable to any citizen, US President need to reply whatever he says he need to be careful but here all ministers talk BS we just think some oracle is speaking. forget.


9 years ago dr g balakrishnan

just because u score marks by dubious means in india like reservation ideas what you would rightly reach think yourself might get some answer yourself.


9 years ago dr g balakrishnan

problem in universities as a professor i have seen in india and abroad USA, no student really listens in india so a lot pf indian students abroad become drop out. In USA professors never repeat the things like in india, either learn or waste yr moneys of yr parents' loans or some other. even national law schools same is like other indian universities, ehat is the use, sorry for my stringent comment.


9 years ago dr g balakrishnan

u r not some twitter but some law site. u need to rightly educate the fraternity else what use of yr site to yr friends sir. sorry


9 years ago dr g balakrishnan

255 character rule will affect punch line friend, better make 500 character law club. else insipid comment would be on yr site.


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