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Mahadev Narayan Dadar   20 September 2016

125 crpc

what is section to dismiss 125 crpc application after interim ordered


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 5 Replies

sai narayana   20 September 2016

It's can not be dismissed, the only thing you can do is ask the judge to adjust the amount w.r.t. interim maintenance amount duly attaching a copy of it to bring it to the notice of the judge.

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ADVOCATE TRILOK (CRIMINAL family PROPERTY topfreind@gmail.com )     20 September 2016

Those suffering marriage related cases try to unite for proper legal steps but I have seen even two persons in similar situation  do not come to gether for porper steps in such cases.

 

 

Interim or final maintenance can be got dismissed  but it will need proplonged legal battle with able advocates.

 

 

But it will be worth since other wise regular payment will be life long cancer.with other actions like DV act etc will follow.

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Pawan S (06292021602) (Advocate)     20 September 2016

It cannot be dismissed. Amount can be altered/cancelled.

Two possibilities:

1. APPEAL against the order or REVISION before the High Court

2. File a fresh petition u/s 127 Crpc on the changing circumstances in the same court which has passed the order under u/s 125 CrPC or before the high court.

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ADVOCATE TRILOK (CRIMINAL family PROPERTY topfreind@gmail.com )     20 September 2016

Intrim order is interlocutory order so no revision even at high court.At the application stage the person will be first asked to pay dues .

 

CRPC 127 will be applicable for change of circumstances..

 

Try to go deep in logic and it IS being  done in some  HIGH COURT judgments which are forgotton in the flood of many many orders against the husbands . What a recent HIGH COURT JDUGMENT  says

 

 

On the basis of aforesaid letters and admission of the applicant in her cross-examination, learned trial Court had recorded a finding that she was never ill-treated by her husband or in-laws but she was unable to adjust herself in her matrimonial home; therefore, she did not want to stay with her husband and wanted to get rid of him. On the basis of her categorical admission that she had written a letter to her father stating that she has no complaint against her in-laws but she was unable to adjust with them; therefore, she wanted to marry somewhere else, learned trial Court proceed to record the finding that the applicant had left her husband of her own freewill and accord. It cannot  be said that she had to leave her matrimonial home on account of any ill- treatment, mis behavior or

harassment on the part of her husband or in-laws.

 

 

On aforesaid grounds, learned trial Court held that the applicant was not entitled to any maintenance. On perusal of record, there is no reason to take a different view in the matter; as such, the impugned order does not suffer from any illegality, irregularity or impropriety warranting interference by this Court. Consequently, this Criminal Revision deserves to be and is accordingly dismissed.

 

(C V SIRPURKAR) JUDGE   ------ HIGH COURT.

 

 

 

 

Law does not say that the marriage should be broken or married woman should be allowed to remain separate and get doles from the husband  and live like  a para site..

 

Every body is defending which is admission of guilt. Affend and you will win.

 

some of our associate advocates are working in this directions  on all India basis to  the raise the veil of deteatism in marriage related cases.

 

 

 

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Pawan S (06292021602) (Advocate)     20 September 2016

He can also prefer a revision against the orders of the sessions court before the high court.You can file it before the sessions court also.

 


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