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{Balu manikantan} SUBRAMANYAM (Practising Advocate)     27 October 2016

125 crpc in a family court

Can we invoke 125 crpc in family court to claim maintenance or it can only be invoked in criminal courts


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 5 Replies

Ms.Usha Kapoor (CEO)     28 October 2016

We xcan invoke section 125 Cr.P.C  in Family courts  as it has power to club  various civil and criminal proceding such  as  section 125 Cr.P.C and  section 24 HMA ans DV proceedings etc under  a single family court and the family court by  clubing these various civil and criminl proceedings and  can award Divorce decree and  judgment along with maintenance..If you appreciate this answer please click the  thank you button  on  this forum.

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     28 October 2016

Family courts have jurisdiction to try Section 125 cr.p.c. cases.  But in some states, S.125 cr.p.c. cases are given to criminal courts while family courts have been trying HMA and other family matters.

Dr J C Vashista (Advocate)     29 October 2016

Read provisions of Family Courts Act, case u/s 125 Cr PC is to be adjudicated (but not tried) by Principal Judge Family Courts.

Otherwise also application (and not complaint) u/s 125 Cr PC is quasi-criminal i.e., civil case for all purposes.

T. Kalaiselvan, Advocate (Advocate)     30 October 2016

If there is a family court and the parties to the case come under its jurisdiction, then the maintenance case under section 125 cr.pc. may be filed in the family court itself. 

A walk alone (-)     31 October 2016

Please click thank you button for Ms Usha kapoor

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