Time limit for filing revision on crpc 125

deep (deep) 24 August 2015

Time limit for filing the revision in the session court for interim maintenance case u/s 125 crpc (Criminal Law)

This query is : Resolved

Author : Raman

Posted On 24 March 2013 at 19:40

Dear Expert members

In matrimonial cases for maintenance u/s 125 CrPC if any metropolitan magistrate awards unreasonable interim maintenance to the estranged wife what is the time limit for challenging the order of magistrate by the way of filing revision petition before the session court?

In such cases when the period of limitation starts begin to run ? whether by the serving of the order by the wife or from the date of pronouncement of order made by the Magistrate?

Under which section of CrPC it covers the Limitation ??

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Expert : raj kumar makkad

Posted On 24 March 2013 at 20:08

30 days from the date of the pronouncement of order and relaxation of those days within which the certified copy of the order was not prepared by the copying branch is also added thereto.

Section 397 (1) is applicable in this matter.

Author : Raman

Posted On 24 March 2013 at 20:43

Sir, the time limit has not been written in 397(1) CrPC..If we miss the period whether we can move to the H.C under section 482 CrPC and in such case what will be the time limit for appeal?

Expert : Arvind Singh Chauhan

Posted On 24 March 2013 at 21:44

Within 90 days- Article 131 limitation act.Schedule 1

Expert : R.K Nanda

Posted On 24 March 2013 at 22:47

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it is 90 days.

Expert : Devajyoti Barman

Posted On 24 March 2013 at 23:57

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90 days for revision in sessions court of high court.

However there is no time limit for petition u/s 382 crpc.

Just copy pasted a thread if it can help u

But generally no change wud be there in the amount for neither for enhancement filed by wife nor for reduction applied by boy

SAINATH DEVALLA (LEGAL CONSULTANT) 25 August 2015

It is 90 days. 30 days limitation was earlier for appeal u/s 19 of Family Courts Act, against final order or decision of family court, but now s. 19 also provides 90 days time. Revision is filed either under Cr.P.C. or C.P.C. For both jurisdictions Art. 131 of the Schedule of Limitation Act provides for limitation of 90 days.