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Maintenance

(Querist) 19 July 2014 This query is : Resolved 
Sir, I have filed maintenance case on my husband under section 125.Court has passed order and I am not happy with the order. So, I filed revision in High Court under section 397. High Court has passed interim order and final hearing is pending. Not coming to listing for long long time.
Now, I have filed alteration under section 127 in lower court. Can lower court dismiss my 127 petition as final hearing in revision is pending in high court?
Dr J C Vashista (Expert) 19 July 2014
Prefer revision petition to be decided first, do not be in a hurry,you can move application u/s 127 Cr. PC any time thereafter, it is advisable to withdraw with liberty to refile.
Rajendra K Goyal (Expert) 19 July 2014
Aree with the expert Dr J C Vashista ji.
ajay sethi (Expert) 19 July 2014
with draw your section 127 Cr Pc application as your revision is pending in HC
Laxmi Kant Joshi (Expert) 19 July 2014
Agree with the expert Mr. Vashista ji .
K.K.Ganguly (Expert) 19 July 2014
I agree with Mr. Vashista.
Raj Kumar Makkad (Expert) 19 July 2014
Lower Court shall definitely refuse to entertain your petition filed under section 127 of Criminal procedure code pending your revision before high court against the order passed in 125 criminal procedure code.
T. Kalaiselvan, Advocate (Expert) 19 July 2014
I too agree with the views of expert Dr. Vashista on the subject issue. Better withdraw petition filed u/s 127 cr.p.c., wait for the outcome of revision petition and then decided about this.
Sudhir Kumar, Advocate (Expert) 20 July 2014
agreed with experts above.


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