NARESH SHARMA (Technical) 05 April 2014

Interim maintenance

Dear Sir,

My sister’s maintenance case is running in family court from Aug2008 under sec Crpc125 & she is petitioner, in this we had submitted one application for interim relief on dated 10-Nov-2009 & it was decided on dated 28-May-2013 for granting 2700Rs p.m. upto the final disposal of the case. In the order it was written that interim relief would be started from 28-may-2013 while the application was of dated 10-Nov-2009. After that we had submitted one application for saying that interim relief should be started from the date of application and it should be enhanced as it is very low, a person can not survive. Advocate of opposite party submitted reply that the Magistrate does not has any power and his jurisdiction to alter/review/enhance his order, once it is ordered while I submitted a rejoinder & mentioned many reasons, why this case delayed. How respondent got succeeded in delaying the case. I mentioned in rejoinder about all the reasons along with u/s 127(2)CrPC for review & jurisdiction.

My questions : Can a magistrate/judge not alter his order once he declared?, does he has not the rights to review his own order which is given u/s125 while sufficient reasons also there?

With Regards

Naresh

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3 Replies

nikhil singh (Advocate) 05 April 2014

Yes Magistrate has no power to review its own order. Better file a review petition before the Learned ADJ. Only he can enhance the maintenance. Payment in maintenance starts from the dated of filing of the case or application. Fur further assit. you may contact on these no.

Nikhil Singh
Associate, Law Consults
'LawCon House', D-61, East of Kailash
New Delhi - 110065
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+917838078186, +919352444446

NARESH SHARMA (Technical) 08 April 2014

Dear Sir

I am so confused & surprised that a magistrate can not alter/review/amendment his own order while in this case I have observed one thing that respondent was irregular from Aug2008, on this ground judge has passed x-party order, thereafter opponent came and submitted an application for restoring the proceeding and judge penalized respondent by the cost of Rs.1000/- . by viewing this, it is sure that judge had referred some CrPC code for passing x-party order and again referred for penalty. Here on one hand judge is referring other Crpc Code for x-party under trial of Crpc125 but on other hand he has no jurisdiction and power to alter his own order under CrPC125 as it does not allow him. then how did he referred other Crpc code for x-party proceeding when a case is running under Crpc125.

My question: if a judge cannot alter/amend/review of his own order because there is no provision in CrPC125 then how he proceeded for x-party order and then imposed cost on respondent, Is this a contradictions of the law or am I wrong, please help in clarification?

Regards