manindersingh 14 July 2016

U/s-125 is revision petition maintainable ?

My wife filed 125 crpc and granted interim mainteance on 01.10.2015.

I filed revision in Additional Session Judge court and it got dismissed on 08.04.2016.

Now on 20.05.2016 my wife filed revision in Additional Session Judge court u/s 397 with application of u/s-5 of limitaion act.

I want to know the scope of maintainablity of the petition. Is same level judge (asj) can accept the revision petition.

PS: ASJ while dissmissing my petitioner stated that the amount set by ld. trail court is appropriate & right and do not need any interfereance.

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6 Replies

Sood 14 July 2016

R u sure about 397 section

manindersingh 14 July 2016

Yes!

Code of Criminal procedure 1973, U/s-397 with application U/s-5 of limitation act.

Sood 15 July 2016

What is the section for revision under code of crpc????? Its not 397

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prabhakar advocate (advocate) 15 July 2016

It is maintainable, if limitation application is allowed, but slim chances to succeed, because already same level of judge (or same judge) has already decided the matter. But once, her revision would be dismissed on merits, she would go in an appeal before HC.

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Sood 15 July 2016

The other thing is you ur wife is filing revision.

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manindersingh 16 July 2016

My wife is filing the revision this present time.

But earlier I filed the revision.

I am very thankful to you all experts for commentig and your views & advice.

It will be so kind if you can cite some judgements where u/s-5 limitation act application is rejected by court.