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Udar   05 April 2018

How to challenge a family court order?

A case under section 125 CRPC is registered against my friend in a family court. He moved an application with prayer to dismiss the said maintenance case on ground of lack of jurisdiction of the trial court and to dismiss the said maintenance case as per section 126(1)(b) CRPC  is failed. The trial court dismissed the said application.  

How can my friend challenge the said impugned order in the High Court? He wants to try the fate of his application in the appellate court. What will be the prayer and will it be criminal miscellaneous petition?

 


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 4 Replies

Vijay Raj Mahajan (Advocate)     06 April 2018

The Criminal Misc. Application can be filled in the High Court against the order of the District Family Court. However the chance of it being allowed by the High Court or not can only be told after checking the actual judgment/order of the Family Court. If you share the same with me I can advice. Check my Profile here in this forum:

https://www.lawyersclubindia.com/profile.asp?member_id=8784

Udar   06 April 2018

Will be a Revision under section 19(4) of Family Act? Or Crim Misc under article 227 of the Constitution of India?


(Guest)
Originally posted by : Udar
A case under section 125 CRPC is registered against my friend in a family court. He moved an application with prayer to dismiss the said maintenance case on ground of lack of jurisdiction of the trial court and to dismiss the said maintenance case as per section 126(1)(b) CRPC  is failed. The trial court dismissed the said application.  

How can my friend challenge the said impugned order in the High Court? He wants to try the fate of his application in the appellate court. What will be the prayer and will it be criminal miscellaneous petition?

 

Ultimately it cannot be denied that she is wife and he has to maintain her irrespective of technical matter of where they stayed or not together or not.

Permanent alimony is right of uneducated, unemployed wife from husband till she remarries or till she is alive or till the day such she dies.

Husand has only option of paying one time almony or paying it monthly. 


(Guest)
Originally posted by : Udar
Will be a Revision under section 19(4) of Family Act? Or Crim Misc under article 227 of the Constitution of India?

Revision can be sought only if there is change in cirumstances.

  1. Wife got job.
  2. Husband lost job.
  3. Wife lost job.
  4. Husband lost job.
  5. Wife died.
  6. Husband got less salary.
  7. Wife got less salary.
  8. Husband not getting salary.
  9. Husband became pauper/insolvent.
  10. Wife not getting salary.
  11. Wife became pauper/insolvent.

If any sitution like described by me above happens. Revisoin petition can be filed in same court.  No need to go to High Court. Going to High Court will be waste of time.  High Court will again ask husband to go to lower court.

Revision petition can be filed a the end of completion of 1 year.  Suppose say today is 6-4-2018.  Today amount is ordered by Family Court.  Date of payment starts from today tilll 1 year.  which is 6-4-2019.  After completion of 1 year you can go for revision petitoin in same court.  In between dates, you need to approach High Court.

 


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