Can we challange the interim order either by revision or appeal?
RAKHI BUDHIRAJA ADVOCATE
(Querist) 08 January 2009
This query is : Resolved
Respected all members, A has filed a petition u/s 125 cr.p.c. for getting maintenance agaginst B. B on the very first date of hearing got appeared before the Hon'ble Court alongwith his counsel. The court without listening to his counsel, asked B whether he is interested to take his wife i.e. A alongwith him. Bcoz A is living in adultery n is sufferring with SCHIZOPHRENIA. And on that day the counsel for B saught adjournment for filing the reply of application u/s 125(3) Cr.P.C.as well as written statement to 125 Cr.P.C. But the Hon'ble Court pleased to pass an interim order against B thereby fixed the interim maintenance as Rs. 2, 000/- per month But B is earning only 5,500/- per month & out of which he is paying Rs. 2,000/- as monthly rent for his residential accommodation. Now the question is that can I file a revsion or appeal against this order?
2ndly whether the Court is capable to pass an interim order against B witout listening to him or without filing any replying & without filing any income proof?
Plz early reply, its urgent.
sanjeev murthy desai
(Expert) 08 January 2009
Ys you can file a petition before Hon'ble High Court under the section of 482 of CRPC.
KP Balazi Sing Vs Lakshmamma ILR 1989 (1) Karnataka 823
The Hon'ble Court has right to pass such order with out heard of objection of otherside where its find the sufficiant reason that she can unable to maintain herself.
sanjeev desai
RAKHI BUDHIRAJA ADVOCATE
(Querist) 08 January 2009
Thanx Mr. Desai. The present matter is pending with the court of Metropolitan Magistrate. Now my question is whether I can file any revision or not. If not the whether I can file an appeal with session Court?
sanjeev murthy desai
(Expert) 09 January 2009
Dear Mr. Rakhi,
ys you can file revision petition under section 399 of CRPC
please refer the case law : Haunsabai Vs Balakrishna Krishna Badigar Cri LJ 110
sanjeev desai
adv. rajeev ( rajoo )
(Expert) 11 April 2009
u can file a criminal revision petn., in the Dist., court against the order of the LC.
RAKHI BUDHIRAJA ADVOCATE
(Querist) 14 April 2009
Respected Desai Sir,
Plz. provide me the name of the court which has passed the judgement provided by u.
