Apeal time limit u/s 125 interim order
m.s. chouhan
(Querist) 14 October 2016
This query is : Resolved
dear experts
interim order was passed 07.09.2016 but my lawyer applied to court for getting copy of order on 20.09.2016 but till today the copy of order not received from the court as my lawyer was out of station. so as we know the time limit is 30 days only ipc cr. 125 for appeal.
But my lawyer saying that till now there is lapse of only 13 days (i.e 7 sept to 20 sept) and next 17 days counting will start form the date receipts of copy of order from court. the days between apply of copy and receipts of order copy will not count.
is it ok
Rajendra K Goyal
(Expert) 14 October 2016
Counting of next days after 13 days would be from the date copy of orders are ready for delivery.
Devajyoti Barman
(Expert) 14 October 2016
NO APPEAL BUT REVISION LIES FROM INTERIM ORDER OF MAINTENANCE AND THE TIME LIMIT IS 60 DAYS IN SESSIONS COURT AND 90 DAYS IN HIGH COURT. THE TIME TAKEN TO GET CERTIFIED COPY OF ORDER ASSAILED IS NOT COUNTED IN THIS LIMITATION PERIOD.
m.s. chouhan
(Querist) 15 October 2016
barman sir
as per your view this is not called the appeal but it is the revision of interim order. and we can file it within the 60 days
am i right?
Rajendra K Goyal
(Expert) 15 October 2016
What were the interim orders, please give brief?
m.s. chouhan
(Querist) 15 October 2016
interim order passed from the date of petition filled. Despite of having submission of the evidence of her current employment and my both parents medical certificate too
which is 7000/- on declaration of my salary 30k
Rajendra K Goyal
(Expert) 15 October 2016
The facts may be considered by the court at the time of final orders.
You may go for revision after discussion with your lawyer.
