Maintenance execution under 3 of 125 crpc
Yogesh
(Querist) 30 November 2014
This query is : Resolved
dear sir /madam,
wife filed 2 execution under the crpc 125 (3) in two different courts, is it valied? please advice us. and if there is any supreme court decision or high court decision to dismiss the same please provide.
regards,
P. Venu
(Expert) 01 December 2014
It is improper that execution proceedings have been filed in two courts.
Devajyoti Barman
(Expert) 01 December 2014
execution case is to be filed in the same court where the order u/s 125 crpc is passed.
Rajendra K Goyal
(Expert) 01 December 2014
Citation not provided in this section.
Nadeem Qureshi
(Expert) 01 December 2014
Dear Querist
the petitioner/Decree Holder have right to file the execution petition in the court who passed the order or in the court where the respondent is residing as per section 125(3) of Cr.P.C. read with section 128 of Cr.P.C.
128. Enforcement of order of maintenance.
A copy of the order of 1[maintenance or interim maintenance and expenses of proceeding, as the case may be,] shall be given without payment to the person in whose favour it is made, or to his guardian, if any, or to his guardian, if any, or to the person to 2[whom the allowance for the maintenance or the allowance for the interim maintenance and expenses of proceeding, as the case may be,] is to be paid; and such order may be enforced by any Magistrate in any place where the person against whom it is made may be, on such Magistrate being satisfied as to the identity of the parties and the non-payment of the 3[allowance, or as the case may be, expenses, due].
Feel free to Call
R.K Nanda
(Expert) 01 December 2014
citations not supplied.
Yogesh
(Querist) 01 December 2014
Res. Sir,
in this regard, she filed 2 cases of 125 (3) in 2 different courts..we have answered to 2nd court it is time bar application as per limitation act, court heard but not ordered.. we require for reference to furnish in both courts, that there should be a single trial for one 125 case.. it is against the law of nature. so request to provide help on section of IPC /CRPC where 2 criminal case in one section is not justified. I have referred Case of Ravindra haribhau Karmarkar .. where Hon. H.C.Bombay mentioned 2 parallal Proceeding in two different court are not permitted. My question is this judgement is feet for me or not? please reply...
Thanks Sir.
T. Kalaiselvan, Advocate
(Expert) 05 December 2014
You have been properly advised, for further issues, take the help of your lawyer whom you have engaged to handle your case.
