Need urgent information
ranjit
(Querist) 23 August 2013
This query is : Resolved
u/s 125 crpc ke interim order ko kin
sections ke tehat set aside ki application
file ki ja sakti hai,
urgent.
Shonee Kapoor
(Expert) 23 August 2013
125(5) if she is living in adultery or there is an RCR Decree in your favor.
127 otherwise.
Par ye jaroori nahi ki set aside hi hoga, change bhi ho sakta hai.
Regards,
Shonee Kapoor
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Nadeem Qureshi
(Expert) 24 August 2013
Dear Querist
if the interim order had been passed ex-party then
the ex-party set aside application can be filed before court/Magistrate under section 126 (2) of Cr.P.C. read the section as under:
126. Procedure.
(1) Proceedings under section 125 may be taken against any person in any district-
(a) where he is, or
(b) where he or his wife resides, or
(c) where he last resided with his wife, or as the case may be, with the mother of the illegitimate child.
(2) All evidence to such proceedings shall be taken in the presence of the person against whom an order for payment of maintenance is proposed to be made, or, when his personal attendance is dispensed with in the presence of his pleader, and shall be recorded in the manner prescribed for summons-cases:
Provided that if the Magistrate is satisfied that the person against whom an order for payment of maintenance is proposed to be made is willfully avoiding service, or willfully neglecting to attend the court, the Magistrate may proceed to hear and determine the case ex-parte and any order so made may be set aside for good cause shown on an application made within three months from the date thereof subject to such terms including terms as to payment of costs to the opposite party as the Magistrate may think just and proper.
(3) The Court in dealing with applications under section 125 shall have power to make such order as to costs as may be just.
Lekin agar ex-party nahi hua hai to revision file kar sakte ho session court me section 397/399 Cr.PC ke tahat
Raj Kumar Makkad
(Expert) 26 August 2013
aap apni samsye likhiye varna yahan to ek se ek dhurandhar vkeel saab hain jo aapko sare kanon pdhane ki takat rakhte hain.
ranjit
(Querist) 07 September 2013
petitioner jo ki meri legaly weded wife
hai weh job karti hai ek MNC Main,aur wahan
se usey as per detailed affidavit 17500/-
per month salary milti hai petitioner ne
apne kuch jaroori fact petition aur
relication jo ki affidavit ke saath file
kiye gaye thay main mention nahi kiye,like:
1, Apni movable/immovable property,
2, petitioner ne apni salary ki details
affidavit main file kartey samay kewal ek
account ko show kiya jabki uski salary ka
ek part ek doosrey account main bhi aati
hai jiske baarey main mujhey baad main pata
chala jab usne apna detailed affidavit file
kiya tab usney Apni movable/immovable
property ko declare kiya lekin apney ek
account ki jaankaari ko chupa liya interim
argument ke baad interim oredr main 5000/
per month petitioner ko dene ke interim
order pass hua
iske baad evidence by way of affidavit file
hue usme petitioner ne ek baar phir se
Apni movable/immovable property ko accept
nahi kiya aur saaf-saaf mention kiya ki
uskey pass kisi bhi tarah ki koi property
nahi hai aur salary ko bhi 15000/per month
bataya.
mera aap se ye sawaal hai ki mujhey kya
karna chahiye ki interim order set aside
ho sake aur kya order ko set aside karwaane
ke liye u/s127(2)Cr.p.c ki application same
court main file ki ja sakti hai.
