125 cr.p.c.
Neeraj Kaushal
(Querist) 26 October 2012
This query is : Resolved
Respected sir,
i have filed revision against the order of interim maintenance but no stay has been granted by appellate court, in proceedings 125 of Cr.P.C. lower court has directed my client to deposit the interim maintenance amount ,if my client deposit the interim maintenance in lower court whether it will effect my revision petition because i have obeyed the order of lower court for which i have preferred revision. If my client refused to deposit interim maintenance then court can sent him jail. kindly help. what can i do .
Arvind Singh Chauhan
(Expert) 26 October 2012
In compliance of order of court deposition of maintenance amount does not affect the revision.
If there is no separate proceeding of recovery except the main file of 125. At the time of hearing of revision, main file of 125 shall be called by revisional court, which is automatic stay.
If If there is separate proceeding of recovery and husband does not deposit the amount, court may recover it according to different mode given in Cr.P.C. And on refusal may send to jail also.
Devajyoti Barman
(Expert) 26 October 2012
No it will not affect your revision.
The amount paid so far would be adjusted with the final order.
V R SHROFF
(Expert) 26 October 2012
WHETHER EXECUTION PROCEEDING/ DISTRESS WARRANT ISSUED??
IF ONLY ORDER OF MTN PASSED, YOU CAN FILE REVISION, IT AMOUNT TO STAY.
