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Raghu (professional)     12 May 2011

Maintenance Judgement


Will the sec 19 of family court act is applicable for appeal/revision against a final judgement for maintenance given in 125 CRPC petition by a Family Court??


 9 Replies

Tajobsindia (Senior Partner )     12 May 2011

@ Author 

 If from the Order it shows that the matter under trial has finally conluded and also has decided the rights of the parties then Appeal and or Revision  rights the party has before States's Hon'ble HC where a DB will decide the just case in hand. This is what whole of S. 19 FCA harmoniously construts and usage of S. 397 CrPC is not reuired as it is not an interlocutory Order. 

Raghu (professional)     15 May 2011


To admit the revision petition in HC, is it mandatory that 50% of arears need to be deposited before HC??

Raghu (professional)     18 May 2011

Kindly comment on the above

Jamai Of Law (propra)     18 May 2011

Two are independent of each other... execution of lower court may aheadd unless you bring stay.

Yu need to explicitly ask for stay first.



By the way ........................ Why are you going for revision and not for appeal?


Raghu (professional)     19 May 2011

Thanks for the reply..

To get the stay first the petition needs to be admitted... here the question is to get it admitted, do we need to deposit 50% of areara which are in lakhs??

As per the advocate, for 125 crpc only revision is admissable and not appeal..

what is the difference between appeal and revision??

The matter is listewd as RPFAM as

CLASSIFICATION OF THE CASES: RPFAM (Revision US 19 of Family Court Act. )

Raghu (professional)     23 May 2011

Could any one answer the above mentioned questions..

Raghu (professional)     06 June 2011


Could any one clarify that husband needs to deposit 50% of araes to get his revision petition admitted in High Court even though the family court judgement is erroneous??

As the amount is very high what are the other alternatives to husband to get his revision petition admitted and to fight on the facts of the case

Raghu (professional)     07 June 2011

Can the husband file a writ petition under article 226 in this stage...

syed (Branch incharge)     07 June 2011

Dear Raghu,

Please ask in Expert secsion, if you get answer please send me too

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