125 maintenance case
Querist :
Anonymous
(Querist) 21 May 2022
This query is : Resolved
Sir,
1. My wife filed 125 CRPC against me & the case was dismissed for default.
2. She again file restoration petition to restore dismissed 125 CRPC.
3. Restoration petition was dismissed for violation of court's order.
Can it be concluded that 125 CRPC was dismissed on merit ?
4. She again file 125 CRPC on same ground and interim maintenance is allowed.
Can I appeal before High Court to dismiss 125 CRPC since lower court cannot review its own order ?
Advocate Bhartesh goyal
(Expert) 29 May 2022
Petition u/sec 125 Cr.P.C dismissed in default and restoration of above petition also dismissed as violation of court order does not amount to dismissal of petition on merits.
After dismissal of said petition another petition can be filed u/sec 125 of Cr.P.C and interim maintenance order passed in that petition,
No appeal or revision lie against the interim maintenance order
