Helpless Guy (IT) 13 December 2019

Review application of im in crpc 125 dismissed uo 47 cpc 114

Hello Seniors , I got IM order in crpc 125 in family court for my child but quantum is very high. I submit review application for this order u/o 47 of CPC 114 and principle judge accepted this application and asked OP to bring its reply on next date but on next date judge refuse to listen our review application stating its not admissible in CPC 114 as CPC and CRPC has no connection. My lawyer asked ok then we will file again u/s crpc 127 . I want to know :

1. Is it correct that IM order of CPRC 125 Principle judge can't be reviewd in same court by review application u/o 47 CPC 114 ?

2. If point 1 above is correct , can review application is admissible u/s crpc 127 in same court ?

Thanks in Advance

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6 Replies

SHIRISH PAWAR, 7738990900 (Advocate) 14 December 2019

Dear sir,

Maintenance u/s 125 are criminal poceedings so crpc will be applicable. You have to file revision under crpc.

Regards,

Helpless Guy (IT) 14 December 2019

I filed review application u/o 47 CPC 114 but judge denied to accept it. I think it was a typo from your side probably you want to say I need to file under CRPC 127 ?

Helpless Guy (IT) 15 December 2019

Originally posted by : SHIRISH PAWAR, 7738990900
	Dear sir,Maintenance u/s 125 are criminal poceedings so crpc will be applicable. You have to file revision under crpc.Regards,

Sir, filing a revision application will be a simple application with subject as revision application to review or recall order or do I need to submit this application u/s CRPC 127 ? As such there are no change in circumstances in my case and situation. Pls revert

Dr J C Vashista (Advocate) 25 December 2019

I disagree with expert Mr. Shishir Pawar, review is applicable u/o XLVII Section 114 CPC in an order passed in Section 125 Cr PC.

When there are no change in circumstances application u/s 127 Cr PC is not maintainable and bound to be dismissed.

Move in appeal u/.s 19 Family Courts Act, 1986 if the order has been passed by Judge Family Court.

It is advisable to consult a local senior for better appreciation of impugned order on interim maintenance and proper guidance.

Supreet Singh 27 February 2021

Originally posted by : Dr J C Vashista
	I disagree with expert Mr. Shishir Pawar, review is applicable u/o XLVII Section 114 CPC in an order passed in Section 125 Cr PC. When there are no change in circumstances application u/s 127 Cr PC is not maintainable and bound to be dismissed. Move in appeal u/.s 19 Family Courts Act, 1986 if the order has been passed by Judge Family Court. It is advisable to consult a local senior for better appreciation of impugned order on interim maintenance and proper guidance.

Sir, I filed review application u/o 47 and CPC 114 but judge denied to accept it.

so my lawyer filed a new petition u/s crpc 127 to review the order , but there is no change of circumstances in my case, its only judge has ignored the facts of my case during interim arguments and fix the interim maintenance . My purpose is to reduce the quantum of IM by requesting judge to review its passed order .

Please suggest the option of crpc 127 took by my lawyer is correct and admissible ? Op part has not given written reply to our crpc 127 and asked judge that they will go for verbal arguments directly and my date is fix on 18 March 2021, please suggest

Helpless Guy (IT) 28 February 2021

Originally posted by : Dr J C Vashista
	I disagree with expert Mr. Shishir Pawar, review is applicable u/o XLVII Section 114 CPC in an order passed in Section 125 Cr PC. When there are no change in circumstances application u/s 127 Cr PC is not maintainable and bound to be dismissed. Move in appeal u/.s 19 Family Courts Act, 1986 if the order has been passed by Judge Family Court. It is advisable to consult a local senior for better appreciation of impugned order on interim maintenance and proper guidance.

Sir, I filed review application u/o 47 and CPC 114 but judge denied to accept it. so my lawyer filed a new petition u/s crpc 127 to review the order , but there is no change of circumstances in my case, its only judge has ignored the facts of my case during interim arguments and fix the interim maintenance . My purpose is to reduce the quantum of IM by requesting judge to review its passed order . Please suggest the option of crpc 127 took by my lawyer is correct and admissible ? Op part has not given written reply to our crpc 127 and asked judge that they will go for verbal arguments directly and my date is fix on 18 March 2021, please suggest