Review application of im in crpc 125 dismissed uo 47 cpc 114


Hello Seniors , I got IM order in crpc 125 in family court for my child but quantum is very high. I submit review application for this order u/o 47 of CPC 114 and principle judge accepted this application and asked OP to bring its reply on next date but on next date judge refuse to listen our review application stating its not admissible in CPC 114 as CPC and CRPC has no connection. My lawyer asked ok then we will file again u/s crpc 127 . I want to know :

1. Is it correct that IM order of CPRC 125 Principle judge can't be reviewd in same court by review application u/o 47 CPC 114 ?

2. If point 1 above is correct , can review application is admissible u/s crpc 127  in same court ?  

Thanks in Advance

 
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Dear sir,

Maintenance u/s 125 are criminal poceedings so crpc will be applicable. You have to file revision under crpc.

Regards,
 
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I filed review application u/o 47 CPC 114 but judge denied to accept it. I think it was a typo from your side probably you want to say I need to file under CRPC 127 ? 

 
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Originally posted by : SHIRISH PAWAR, 7738990900
Dear sir,Maintenance u/s 125 are criminal poceedings so crpc will be applicable. You have to file revision under crpc.Regards,

Sir, filing a revision application will be a simple application with subject as revision application to review or recall order or do I need to submit this application u/s CRPC 127 ? As such there are no change in circumstances in my case and situation. Pls revert

 
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Lawyer

I disagree with expert Mr. Shishir Pawar, review is applicable u/o XLVII Section 114 CPC in an order passed in Section 125 Cr PC.

When there are no change in circumstances application u/s 127 Cr PC is not maintainable and bound to be dismissed.

Move in appeal u/.s 19 Family Courts Act, 1986 if the order has been passed by Judge Family Court.

It is advisable to consult a local senior for better appreciation of impugned order on interim maintenance and proper guidance.

 
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