Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Srikanth vuchil   04 August 2025

Crpc 125 maintenance order

Hi, Maintenance order under section CrPC125 was given in criminal sub court. I want to appeal the order in the upper court. Could you please let me know whether I have appeal the order in district court or High court. Whether this section can be appealed in district court. Is this section can be appealed or only can be re visioned. If we have to appeal in district or high court, within how many days we have to appeal.


 10 Replies

T. Kalaiselvan, Advocate (Advocate)     05 August 2025

You may have to prefer an appeal against the judgment passed in the maintenance case before the district and sessions court within 30 days from the date of judgment excluding the time taken to obtain the certified coopies of the judgment 

Dr. J C Vashista (Advocate )     05 August 2025

If the order / judgment has been passed by Magistrate it can be appealed before District Sessions Court, however, if the order is passed by Family Court it has to be appealed before High court.

Show the case file and order/ judgment to a local prudent lawyer for proper analyses of facts, professional advise and necessary proceeding, if you have lost faith in your lawyer. 

1 Like

Srikanth vuchil   05 August 2025

But, some of the lawyers referred that appeal has to be done before high court, since its CrPC 125. It was ordered by Judicial Magistrate Court (sub court). 

Also, a lawyer telling that the ordered maintenance has to be paid till date, even if we are appealing. 

Could you please confirm whether the order has to be appealed in high court or district court. There is confusion in this. Most of them telling it has to be done in high court. I am thinking they are telling this, because petitioner is already hired high court lawyers.

 

please let me know more on appeal details and whether we need to pay the amount even if we are appealing.

R.K Nanda (Advocate)     05 August 2025

You will have to file revision petition in high court under section 397 crpc within 90 days from date of order passed under section 125 crpc.

SHIVKUMAR AGNIHOTRI, ADVOCATE, (Advocate )     05 August 2025

1.  You can not appeal against CrPC 125 order. You can file revision petition either in District and Session court or in High court under CrPC 397 with in limited time. Better will be to go in Session court.

T. Kalaiselvan, Advocate (Advocate)     05 August 2025

In a final judgement passed in maintenance case by a judicial magistrate court, the appeal will lie before district and sessions court only and not before high court.

Dr. J C Vashista (Advocate )     06 August 2025

Either you may listen to "some" lawyers or have faith in the opinion and advise of the experts on this platform, despite the fact it is FREE OF COST.

Re-read the advise of experts who have already made it abundantly clear. 

Srikanth vuchil   07 August 2025

Thanks. My lawyers are telling this has to be revisioned in the high court within 30 days since its CrPC125. but, I am seeing the responses in this forum also confusing that we can revision it in district court also within 90 days. 

it will be helpful someone if you tell rightway to do it.

P. Venu (Advocate)     07 August 2025

Is it the interim order or the judgment disposing of the matter?

Srikanth vuchil   07 August 2025

Its Diposed. In ecourt services, it mentioned as Disposed. 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading