Anand (Private work) 04 March 2015

Regarding section 9

Question 1 :

CrPC 125 is going against husband at Taluka court. If husband files case under section 9 (RCR) at district family court. If suppose wife wins CrPC 125 and monthly maintenance is granted to her.

Subsequently husband wins section 9 (RCR) in a district family court.

Can anything be done in order to cancel the maintenance order, becuase winning section 9 itself indicates that the wife has no sufficient reason to leave the husband and should stay with him, which is in contraction with CrPC 125.

Question 2:

If wife wins CrPC 125 at Taluka court (JD & JMFC), can the husband make appeal in District Family Court or District Session Court ??

Or the appeal needs to be done directly to the High Court??

And in such higher court appeals , the orders to pay maintenance by the lower court gets stay ??

Reply Follow

6 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 04 March 2015

Dear, Answer to both the queries is yes .... Kapil Chandna Adv 9899011450

fighting back (exec) 04 March 2015

as per your reply...CRPC 125 is going on................IF husband filed section 9...............IF suppose wife wins 125..................

you have a lot of ifs and buts in your query.....if you are filing section 9 with the sole motive of avoiding maintainence and defeating her 125 case, then it is a very futile exercise, because sending out an 'invitation card' via section 9, you are laying a red carpet to invite a lot of unwanted guests like 'Mr 498, Mr DV and every tom d**k and harry meant for protection for your wife....so think of section 9 again before playing filing anything....

by filing section 9 you are indirectly condoning her acts of cruelty and just inviting trouble.........anyway...it is your call.............but if you are filiing it just with the sole intention of defeating 125, then it is a very very futile exercise............

R.K Nanda (Advocate) 04 March 2015

let both courts pass orders and then u can decide what to do ?

Thanks,

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dr.pawan rajyan (member and secretory) 04 March 2015

Fight 125 On merits.in sect 9 Also you have to pay through sec 24- fight the case on merits

dr.pawan rajyan (member and secretory) 04 March 2015

Fight 125 On merits.in sect 9 Also you have to pay through sec 24- fight the case on merits

T. Kalaiselvan, Advocate (Advocate) 08 March 2015

The appeal against the 125 cr.p.c. judgment can be made in the Chief judicial magistrate court itself. winning section 9 petition cannot make any impact on the judgement of 125 cr.p.c., you can prefer an appeal on the valid grounds on which you won the section 9 petition.