Jurisdiction of jmfc

SANKET UPADHYAY (Querist) 05 February 2014 This query is : Resolved
dear sir,
can jmfc entertain the matter regarding to 125(5) ? if yes why? if no why?

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R.K Nanda (Expert) 05 February 2014
state facts also.

Devajyoti Barman (Expert) 05 February 2014
The answer is yes.
Do not make new post on the same topic.
Continue the same thread earlier to remove your doubt further.

Rajendra K Goyal (Expert) 05 February 2014
State facts.

Kiran Kumar (Expert) 05 February 2014
the provision itself confers power upon the Judicial Magistrate.

for any factual advise, mention proper facts.

Advocate. Arunagiri (Expert) 05 February 2014
125 (5) 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 with her husband, or that they are living separately by mutual consent, the Magistrate shall cancel the order.

The provision itself says "magistrate shall cancel the order", so no need to clarify further.

SANKET UPADHYAY (Querist) 18 February 2014
THANKS SIR, BUT IN THIS CASE MAGISTRATE HAS QUERY THAT ONCE HE PASSED THE ORDER OF MAINTENANCE IN THIS CASE ,NOW HOW CAN HE HEAR THE MATTER OF CANCELING THIS ORDER WHO HAS PASSED BY HIM? REPLY PLS.

Devajyoti Barman (Expert) 18 February 2014
Since provision of law is there, he can always do that.

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