Stay of proceedings.

pushpakrishna (Querist) 09 September 2015 This query is : Resolved
Dear experts,we have to file a revision for section 125 of cr.pc in the district court under section 397 of cr.pc.but at the same time we have to file for a stay of the order 125 of cr.pc under section 397(1)or 401cr.pc.am i right sir.kindly advice.thanq in advance for the experts.

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SAINATH DEVALLA (Expert) 10 September 2015
Family court's interim order under Section 125 cr.p.c. is appealable before the Division bench of the concerned High Court.

Rajendra K Goyal (Expert) 10 September 2015
Agree with the expert SAINATH DEVALLA.

Anupam Lahiri (Expert) 10 September 2015
Dear Sainath, There is no mention as to whether the Maintenance Order u/s 125 was issued by Family Court or Magistrate Court. If it is issued by Magistrate Court, appeal would lie to the District Judge. In case of Family Court, the appeal would lie to the High Court.

SAINATH DEVALLA (Expert) 10 September 2015
Gentleman,

As per his query I have given the correct reply.

Go through this and reply the querist.

"Dear experts,we have to file a revision for section 125 of cr.pc in the district court under section 397 of cr.pc.but at the same time we have to file for a stay of the order 125 of cr.pc under section 397(1)or 401cr.pc.am i right sir.kindly advice.thanq in advance for the experts. "

ADV-JEEVAN PATIL, MUMBAI (Expert) 12 September 2015
Agree with experts in both the cases

T. Kalaiselvan, Advocate (Expert) 18 September 2015
Expert Mr.Sainath has explained clearly, I go with his views.

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