Revision is advisable for 125 crpc interim maintenace when 340 is pending

Mentally Depressed (Querist) 29 March 2013 This query is : Resolved
Sir, My brother was awrded to pay Interim Maintenance u/s 125 CrPC despite of fact that his wife has concealed her occupation and income and 30 CrPC is pending before the Court
Lawyer advising to approach to the HC rather than session court because 340 CrPC has not been set aside and binding on parties and proceedings under 125 CrPC needs to be quashed and to be remanded back which only H.C can do instead of Session Court
Whether its wise to approach to the H.C without exhausting remedy from the session court??

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Arun Kumar Bhagat (Expert) 29 March 2013
It is wise to approach to the H.C without exhausting remedy from the session court.

Devajyoti Barman (Expert) 29 March 2013
Revision lies in both the sessions court or the high courts. powers are same.
Choice is yours.
It is better to go to sessions court first and then to high court as you would get two options to try your luck.

Sankaranarayanan (Expert) 29 March 2013
Ball on ur court. But you step in one to two.

prabhakar singh (Expert) 29 March 2013
You are at choice of two remedies.Do which suits you best.

V R SHROFF (Expert) 29 March 2013
Once u go to HC, u loose Sessions;
Whereas if you go to sessions, , u have chance to go further to HC.

Also, if you prove at Evidence stage of 125, expediting the matter, THAT SHE IS WORKING,and that she had not come with clean hand, and concealed the vital fact, the matter ends there.
Collect and produce proof.

DEFENSE ADVOCATE.-firmaction@g (Expert) 29 March 2013
Yes you should first to go sessions.

Laws for maintenance are gender biased so you must have specific evidence.

section 340 does not have much use.

Counter attack should be accurate and with force so you should do your ground work properly. Mere allegations will not bring results.