Sage 05 August 2022

Crpc 125 ( how can i appeal against the order)

Good Day Experts

My brother's wife filed crpc125 in delhi in 2017 and case was pending till 2022 and recently the judge gave orders that my bother should pay maintenance from the date of petition.The amount is too much which my brother cannot give in lumpsum for 5 years( 2017 to 2022).Is there a way we can appeal against this order? We are from chandigarh can we appeal against this order in Chandigarh as the girl now lives in Ludhiana and she has already filed another cases 498a 406 from ludhiana not delhi.

Pls be kind to reply 🙏

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1 Replies

Anusha Sharma 09 August 2022

Dear Sage, Maintenance in law is defined as the amount which is paid to the dependent wife, child, or parents to maintain themselves. The amount can be paid either by doing one lump sum payment or by way of monthly instalments.

As appeal under Section 125 of the court is not maintainable, the legal option which is available with the husband is to go for the revision proceedings. But it all depends on the merits of the case, whether the party has the right to file for the revision proceedings in the higher courts

You have 3 months time to file Revision before the high court. The time starts from the date of delivery of certified copy once it is ready from the date of application for it. the time before and after it is counted within 3 months.