CRPC 125 appeal time limit
sandykrish
(Querist) 31 January 2015
This query is : Resolved
Hi LD members,
Wife has been allowed the CRPC 125 maintenance of 15000 per month, the case was applied on May but the orders was passed in Nov 15 2014.
Wife is highly qualified double masters plus currently pursuing PhD with stipend of 21000.
I want to go for appeal, the case was decided in magistrate court Mysore.
Under which section do I have to appeal the decision? And what court is it the district court or high court?
Your response is greatly appreciated.
Dr J C Vashista
(Expert) 01 February 2015
1. Is it interim or final order?
2. What does your counsel prefer or you have been proceeding in-person? Why do you needed a second opinion?
3. It is an academic query, read relevant sections in Cr. P.C. there you may find appropriate reply.
4. It is advised to engage and consult a local lawyer to proceed professionally and in your interest.
ajay sethi
(Expert) 01 February 2015
you have to file revision application before session court against order of maintenance
sandykrish
(Querist) 01 February 2015
Yes, it is an interim order, Mysore court is itself a session court and it doesn't have the jurisdiction for the revision appeal.
Some say the time limit is 30 days and some say it is 90 days for the appeal at the high court.
My advocate say that it has to be applied through sec 399 of CRPC and not against the sec 127 of CRPC??
Please shed some lights.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 01 February 2015
If it is interim than it is INTERLOCUTORY order and hence no revision.
Just today some body has posted problem that GUJ HC has rejected revision on this ground.
There are many many cases on this site alone who wasted time by going to HC and even SC and got beating.
In the process valuable time is lost to get proper remedies at lower court itself.
You compromise for a good advocate at lower court and than try to find an effective advocate for higher courts which does not work.
Even now find out have got results at lower court level and they will show you ways and methods to come of your problems.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 01 February 2015
This is problem for your remaining part of the life and so seeking advice on free sites can not provide permanent solutions.
sandykrish
(Querist) 01 February 2015
Thanks Advocate defense I didn't get the bottom line of you are trying to say??
I know we have entangled into issues but that doesn't mean that we don't have the way.
The lower court is not even bothered to verify the factness and they dispose case prima facia. Judges have been given target and hence they try to dispose the case ASAP without even being bothered to hear the other part of the story.
My case is quiet different she has presented the affidavit stating and lies and we have all the proofs of her education and previous work which we need to bring to the kind attention of judge. If lower court is not listening then HC has to.
Devajyoti Barman
(Expert) 01 February 2015
Well revision very much lies against interim order also and we regularly do so in both sessions court and high court.
Revision for sessions court lies within 60 days while that in high court lies within 90 days.
No appeal lies from interim order but revisions does lie and it is settled by the supreme court decisions many years back.
Rajendra K Goyal
(Expert) 01 February 2015
Agree with the advise of expert Devajyoti Barman.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 02 February 2015
Mr Devjyoti Barman you may have filed revision in Sessions court against interim orders.
But will you please give any ref of allowing it by HIGH COURT.
Pl also give ref of SUPREME COURT which has settled this position.
T. Kalaiselvan, Advocate
(Expert) 02 February 2015
The remedy available before the sessions court is to be exhausted first and then only think about proceeding with the high court. As advocate defense has rightly pointed out "You compromise for a good advocate at lower court and than try to find an effective advocate for higher courts which does not work. This is problem for your remaining part of the life and so seeking advice on free sites can not provide permanent solutions."; the author has to look for better ways to solve the issue instead of hanging around the lawyer who was not able to handle the issue effectively at the preliminary stage itself. However, you may please note that mere highly educated and previously employed will not bar her rights to the unemployed spouse claiming maintenance from her husband who is bound to maintain her.
Biswanath Roy
(Expert) 04 February 2015
Mere fact that the wife is highly qualified is not sufficient ipso facto to conclude that she is in a position to maintain herself. Secondly stipend of Rs.21,000/- does not construe and mean income of wife. Hence, order of the court below is justified.
