125 CRPC

raahat (Querist) 19 December 2010 This query is : Resolved
I FILED AN APPLICATION FOR THE DNA TEST OF DISPUTED CHILD.THE COURT DISMISS THE SAME WITH REFERENCE TO 112 EVIDENCE ACT.THE LVING IN ADULTRY AND ABORTED MANY TIME IN THIS ACCOUNT THE EVIDENCE ALSO PLACED ON RECORD BUT THE COURT IGNORED OL THESE AND DISMISS THE APPLICATION.

NOW WHAT REMIDIES ARE AVAILABLE,

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yogesh (Expert) 19 December 2010
May go for appeal before the High Court

G. ARAVINTHAN (Expert) 19 December 2010
File revision before High Court

G. ARAVINTHAN (Expert) 19 December 2010
However if the case is before Family Court, then the interim order cannot be challenged as Section 125 of Cr.P.C comes under Schedule IX of the Cr.P.C.
Family Courts Act bars appeal/revision of any interim order. You need to approach High Court by filing application under Section 482 of the Cr.P.C

Guest (Expert) 19 December 2010
The views of Mr.Aravinthan is more correct .you may choose remedy as your case may be.

Raj Kumar Makkad (Expert) 19 December 2010
I agree with Aravinthan

raahat (Querist) 20 December 2010
I APPRICIATE ALL THE GUIDENCE RENDER BY LD. EXPERT.CAN I GO FOR A REVISION WITH SESSION COURT BEFORE HIGH COURT.

1 SHOULD I WAIT FOR FINAL ORDER ON 125 CRPC.

Guest (Expert) 21 December 2010
Mr.raahay
you have not disclosed the court where the matter is pending. I think there is clues in the opinion for taking decision,There is no harm in waiting till final decision.

raahat (Querist) 22 December 2010
thnx NARESH sir, 4 ur advice. The case is pending b4 d family court at Delhi. Can i move to session court b4 high court 4 revision.

Guest (Expert) 22 December 2010
Principle Judge Family Court is a District Court for all Judicial purpose and not subordinate to Session Court. The proper Forum is High Court for remedy what so ever.Please follow opinion of Mr.Arvinthan.

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