Anil Jain 16 April 2024
in civil matter a plaint can bel under Order XI Rule 21 for non-compliance with an order to answer interrogatories or for discovery or inspection of documents. My query is whether in maintenance case under sec 125 , is there any provision under which interim maintenance can be rejected or dismissed on ground of non compliance with an order of court to supply mandated documents necessary for deciding the interim maintenance . If yes , please provide section or provision of law
T. Kalaiselvan, Advocate (Advocate) 16 April 2024
The cases and the applicaitons will be decided on merits by court.
It is the discretion of the court.
The court can decide to dismiss the application seeking inerim maintenance if it does not meet the requiremnnts of law for passing any order in favor of the petitioner
Dr. J C Vashista (Advocate ) 17 April 2024
What is the relevancy or applicability of Order XI Rule 20 CPC with maintenance case under Section 125 CrPC ?
Advocate Bhartesh goyal (advocate) 17 April 2024
If party to whom court orders to submit documents and party inspite of order does not submit ,in that situation court can draw adverse influence of documents against the party but can't dismiss/reject petition on this ground. Court has to decide the petition on merits of case.
P. Venu (Advocate) 17 April 2024
Provisions of CPC are of no application in the given facts.
T. Kalaiselvan, Advocate (Advocate) 20 April 2024
The provisions of civil procedure code will not be applicable for criminal procedure code, hence the provisions of Order XI rule 21 cannot be invoked for the case going on under section 125 cr.p.c.
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