125(5) of crpc
SANKET UPADHYAY
(Querist) 05 February 2014
This query is : Resolved
Dear sir,
In the case of maintenance under 125 of crpc, the JMFC had ordered rs 5000 p.m maintenance. i want to cancel the order under the section of 125(5).I have file the application under 125(5) in jmfc court,who ordered the maintenance.At the time of produce the application before the court, the court wants to judgements of higher courts regarding to jurisdiction of magistrate to hear the application under 125(5). kindly give the citation.
The wording of 125(5) is below.
"On proof that any wife in whose favour an order has been made under
this section is living in
adultery, or that without sufficient reason she refuses to live wit
h her husband, or that they are
living separately by mutual consent, the Magistrate shall cancel the order "
ajay sethi
(Expert) 05 February 2014
search in indian kanoon.com for judgements
Rajendra K Goyal
(Expert) 05 February 2014
Citation not provided in this section, search indiankanoon.com.
R.K Nanda
(Expert) 05 February 2014
search legal web sites.
SANKET UPADHYAY
(Querist) 05 February 2014
i have search in indian kanoon,com, but no judgements are related to 125(5).
other question sir " can jmfc entertain the matter regarding to 125(5)
V R SHROFF
(Expert) 05 February 2014
Citation not provided in this section, search indiankanoon.com.
Devajyoti Barman
(Expert) 05 February 2014
You are choosing a wrong provision.
You have challenge the order in revision either in sessions court or in high court.