Is section 127 crpc prospective or retrospective in nature?
Rahul
(Querist) 02 September 2013
This query is : Resolved
Hello Experts,
Being husband i had moved the application u/s 127 CrPC against the 125 CrPC Interim Orders.
I just want to know about the nature of this order u/s 127 CrPC. Like the order in this section 127 CrPC is
Prospecive (Date of Order) or Retrospective in Nature (Date of Application)?
Any citation for same being Retrospective in favor of applicant/husband will be of great help ...
venkatesh Rao
(Expert) 08 September 2013
You are challenging the orders u/s 125 and if any order is passed, it should be from the date of your application because, it is the cause of action that matters.
V R SHROFF
(Expert) 08 September 2013
Gone are the days of retrospective Orders.
Now a days max orders are from the date of Application.
Old days we used to argue that no debt is incurred, Hus cannot pay arrears as he incurring Legal cost/ lost salary as attending court etc etc, but now trend is Order from date of Application.
Even Judges get their guideline from Sessions court and above in deciding such matter. The most beneficial to women are executed..