garima 15 January 2016

127 vs. 125 of Cr p c

Whether application u/s 127 of cr p c is maintainable during pendency of appeal in high court against the order passed by lower court under section 125 of cr. P c.pl. suggust.

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2 Replies

Vijay Raj Mahajan (Advocate) 16 January 2016

Yes for the reason the order u/s 125Cr P C is based on income that both parties had before the order under this provision was made and the application u/s 127 Cr P C is based on the change of income/circumstance of both parties that took place after order u/s 125 Cr P C was made. U/s 127 future order for maintenance has to be decided.

Appeal u/s 125 Cr P C is based on facts and law as were taken in account while passing order by trail court whether the order of trail court correct or not is being decided by the Appelant court.

Both are two different issues that can be taken up together by two different courts.