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Sagar Gour (A Visitor of this Forum)     02 April 2021

Petrition under order 47 against order u/s 125 cr.p.c.?

Family court passed an order under section 125 Cr.PC denying maintenance to wife being working women. She moved a petition under order 47 rule 1 for review the said order.
My question is that "Is this petition u/o 47 rule 1 is maintainable?"


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 2 Replies

Dr J C Vashista (Advocate)     04 April 2021

Provisions of Order XLVII Rule 1 CPC is inapplicable in criminal case for review of order passed by High Court or Court of Sessions.

There is no provision in Criminal Procedure Code to review an order passed by a Court except Supreme Court under Article 137 of the Constitution of  India

Asgher Mahdi (Advocate & Legal Advisor)     05 April 2021

Rightly replied


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