Crpc 125
vinodkumar
(Querist) 16 February 2012
This query is : Resolved
The application of U/s crpc 125 for maintaince,is summons triable case or warrant triable? if i want to apply for cancel the application,( b.coz i already pay the maintaince amount to her by bank every month} under which section is applicable of crpc.?
Nadeem Qureshi
(Expert) 17 February 2012
Dear Vinod
It is summons case. if you pay the maintenance you can file an application u/s 127 Crpc for alterationof the maintenance if the order has been passed. if there is no order or the matter are only for hearing then file an application for rejection of the petition under Order 7 Rule 11 CPC.
feel free to call
Nadeem Qureshi
(Expert) 17 February 2012
Why are you give maintenance? any court order or not
venkatesh Rao
(Expert) 17 February 2012
Nadeem sir,
With due respect, I disagree with your opinion. 125 cr.p.c. is a provision for enforcing the maintenance. It is neither summons nor warrant case. The opponent is not an accused but a respondent. The magistrate while exercising his power under this section is not a criminal court.
Not even O7 R11 nor the CPC is applicable to the proceedings under 125 cr.p.c. The proceedings under this section is essentially civil in nature;yet CPC in spirit is not applicable. For advancement of social justice and to make the relief speedier, powers are vested in magistrate. Once the maintenance is granted and when it comes for execution, the magistrate gets power of criminal court and may issue distress warrant and even sentence the opponent for default.
The question itself is very vague and hence no apt answer can be given.
