False crpc 125
Nitin
(Querist) 13 November 2014
This query is : Resolved
Dear Sir,
my wife file crpc 125 for my minor children. and family court granted 2500 rs to my minor child.. my wife is government teacher and she is earning more then 20000 per month..
i have challenge the family court order in high court...
first hearing in high court granted Stay...date 24/09/2014
below order
ORAL ORDER
1.The applicant husband challenges the order dated 27.05.2014
passed by the learned Family Court No. 2, Ahmedabad in Criminal
Misc. Application No. 1391 of 2014, whereby the Court has awarded
interim maintenance of Rs.2,500/ to the minor child from the date of
the application till its disposal.
2.Heard learned advocate for the applicant.
3.At the time of hearing, the learned advocate for the applicant has
submitted that admittedly respondent no. 1 – wife was serving as a
Teacher and her monthly income is Rs.20,000/ In this regard,
attention was drawn to true copy of the passbook wherein the salary
for the month of June, 2014 is credited in the account of respondent no. 1 – wife from which, it appears that the monthly salary of
respondent no. 1 – wife is Rs.20,558/. It was also submitted that the present applicant is jobless and at present the applicant has no source
of income. The trial Court has passed interim order of maintenance on
the ground that the minor child is a child of the present applicant is not
in dispute and the applicant is duty bound to maintain the child.
Further it appears that the trial Court has erroneously believed the
monthly income of respondent no. 1 – wife at Rs.5,300/.
4.Lastly, it was submitted that respondent no. 1 – wife is fairly
welloff compared to the applicant – husband. It was also pointed out
that the applicant is mentally disturbed and in this regard medical
papers are produced. Attention of the Court was also drawn to page 49
of the application, wherein RMO, Civil Hospital has made remarks :
“Kindly certify that patient with following details is suffering from
major depressive disorder currently on treatment from Civil
Hospital since 26.12.2013 and advised rest till 30.04.2014.”
4.1.It was also submitted that criminal machinery is initiated only to
harass the applicant.
5.In view of the above, t
he matter requires consideration. Notice
returnable on 10th November, 2014. Mr. Raval, learned APP waives
service of notice on behalf of the respondentState.
6.Interim relief in terms of paragraph 6(D) is granted till the next
date of hearing
On next day date (10/11/14) hearing high court disposed my application Below order Copy
Interim order of maintenance under Section 125 of the Code of Criminal Procedure is sought to be
challenged in this Revision Application. This Court is of the opinion that normally no revision can be
maintained against the interim / interlocutory orders, when the disputes between the parties are yet to be addressed finally by the lower Courts in the main
petitions.
Under the circumstances, this revision
application is not entertained with a liberty to the
petitioner to raise all the contentions sought to be
raised herein in the main petition before the Court
below. Accordingly, this revision application is
disposed of. Interim relief granted earlier shall
stand vacated.
My Question..
1. what to do next.....?
2. can i challenge this order in supream court if yes then what is the time limit...?
3.please provide me any other advice?
Advocate M.Bhadra
(Expert) 13 November 2014
You have to pay maintenance for your child, otherwise you can claim child custody. You can also file a revision petition under sec.127 Cr.P.C. in the lower court. There is no merit to go Supreme Court.
Devajyoti Barman
(Expert) 14 November 2014
wHICH HIGH COURT IS IT??
I ma sorry to know that Judge of this High Court does not know the basic point which has been settled long back that the interim order passed in 125 crpc case is not interlocutory order and hence Revision u/s 401 crpc lies. We have filed and disposed of number of such Revisions in Calcutta High Court.'There is no dearth of decisions on this.
Go to supreme court or file Review in the same court citing those decisions.
Why did your lawyer remain silent when the Judge was passing this order which is palpably bad in law.
Dr J C Vashista
(Expert) 14 November 2014
I fully appreciate, support and agree with expert opinion and advise of Mr. Devajyoti Barman.
It is the only and only revision petition to be admitted and considered by HC.
Move to Supreme Court for setting aside the order passed by HC
Rajendra K Goyal
(Expert) 14 November 2014
Agree with expert Devajyoti Barman ji.
ajay sethi
(Expert) 14 November 2014
well advised by MR Barman
Nadeem Qureshi
(Expert) 14 November 2014
Nothing left to add. Completely agree with Mr. Barman
Nitin
(Querist) 14 November 2014
from gujarat high court.....
please give me what is the time limit if i will challange this order in supream court?
and please i need expert lawyer for challange this order in supream court...
please provide me contact number of advocate those who file my new petition in supream court
T. Kalaiselvan, Advocate
(Expert) 16 November 2014
For an advocate at Supreme court, you may search one from the LCI data base also. You may have to rush up with your revision before it is barred by limitation.
