• Order passed on Section 125 CrPC

A Order on section 125 crpc is passed by Kalyani judicial magristrate court ordering a final maintenance amount of Rs.7000/-. The wife has left me on her own will and I have sent 3 letters asking her to come back and I have also mentioned that i earn Rs.16000/- P.M.by way of running a homeopathic shop . But the court has not considered the facts and awarded such a hefty amount. Can i challenge the order in Calcutta High court.Or should i go to district judicial magistrate court. Whch is better option . I have also filled a divorce case on Dec 2018 and as wife has not come so ex party order has been passed and final divorce order will soon be passed . Please help how i can reduce my maintenace amount
Asked 1 month ago in Family Law from Kolkata, West Bengal
Religion: Hindu

File revision against order of maintenance awarded under section 125 cr pc with district court 

Ajay Sethi
Advocate, Mumbai
73014 Answers
4384 Consultations

5.0 on 5.0

No filing it in high court is not proper now detailed copy of the reasoned order is needed to guide better 

Aveek Bose
Advocate, Kolkata
1085 Answers
7 Consultations

4.7 on 5.0

- Wife Living Separately from Husband without Any Reason Can't Get Maintenance, and further this is a good ground for getting divorce from the court of law.

- Since the maintenance order has been passed from the JM Court , hence you can either file a Revision petition before the District Judge or approach the High court .

- Within  a maximum period of 90 days from the date of Judicial magistrate order , you have to challenge the said order. 

Mohammed Shahzad
Advocate, Delhi
1789 Answers
27 Consultations

5.0 on 5.0

1. Yes, the final order of maintenance is amenable for challenge in Revision in sessions court or in high court.

2. The grant of divorce in you favour has no material bearing on the merit of the maintenance case.

3. The time limit if 60 days in sessions court while it is 9 days in high court. 

Devajyoti Barman
Advocate, Kolkata
18832 Answers
270 Consultations

5.0 on 5.0

You can file a revision of 125 CrPC order before the District and session court. 

Shubham Jhajharia
Advocate, Ahmedabad
23449 Answers
94 Consultations

5.0 on 5.0

Limitation period is 90 days. 

Shubham Jhajharia
Advocate, Ahmedabad
23449 Answers
94 Consultations

5.0 on 5.0

You should file a criminal revision before the district court. If it gets dismissed then file a case before the high court. The fact that she didn't present herself in the family court and has deserted you should be taken into consideration by the court.

Rahul Mishra
Advocate, Lucknow
6749 Answers
15 Consultations

5.0 on 5.0

1. if the order is passed by the judicial magistrate, then you can challenge the order in the district and sessions court by way of filing a revision petition within 90 days,

 

 

Suneel Moudgil
Advocate, Haryana
1713 Answers
3 Consultations

4.7 on 5.0

1. The order passed by judicial magistrate can be challenged before Sessions Court. 

2. If you are able to demonstrate before the Sessions Court that your liabilities have not been properly factored in by the court then the quantum may be reduced. 

3. The limitation is 90 days,

Ashish Davessar
Advocate, Jaipur
27730 Answers
820 Consultations

5.0 on 5.0

You van challenge in before district session court and if not satisfied then high Court. 30 days from receipt of order from court but delay if any can bring condoned by court

Prashant Nayak
Advocate, Mumbai
17446 Answers
30 Consultations

4.6 on 5.0

Appeal will file before District judge. No other option. 90 days.

Yogendra Singh Rajawat
Advocate, Jaipur
17397 Answers
21 Consultations

4.6 on 5.0

Dear Sir,

These days many men are affected by the final order of maintenance towards their wife and are looking for best possible legal option to reduce interim/final maintenance amount or even looking for setting aside the said amount.

The trial courts uses their own methodology to evaluate and measure the quantum of maintenance which may be imposed on to the husband, but what about the husband who is dissatisfied by the order of the trial court in 125 CrPC proceedings?

One of the legal option is to go for revision proceedings in the higher court as appeal against the order under 125 CrPC is not maintainable, but whether you should opt for revision proceedings or not depends on the merit of the case in hand.

A revision in the higher court is of limited purposes only and higher courts have limited jurisdiction to adjudicate or to decide upon the order given by the lower court here are the limitation and scope.

# The High court will not interfere in the finding of the lower court if the evidence is properly appreciated. Kamla Devi V. Mool Raj

# If there is a positive finding that husband has failed to maintain wife, therefore the order of maintenance is passed. The Revisional court cannot upset and interfere with the finding of lower court. Munesh Kumari V. sheo Raj Singh

# The questions related to child is illegitimate, is applicant a wife, being pre-eminently questions of fact cannot be reopened and revisional court cannot substitute its own views. Now if the finding of the trial court is that applicant is a legally wedded wife and high court disturbs the finding that applicant is not a legally wedded wife and disturbs the finding this cannot be permitted as the finding would become negative and such findings would have have a long lasting impact on the society with evil consequences.

However if the finding of the high court is negetive than only higher courts have power to interfere with the order. Santosh(smt) V. Naresh Pal

 

MP HC | Maintenance order under S. 125 CrPC cancelled as wife was living separately without any justified reason

 

Madhya Pradesh High Court: S.K. Awasthi, J. contemplated a revision application under Section 19(4) of Family Courts Act, 1984 read with Sections 397 and 401 CrPC. In the instant application, the applicant was directed to pay Rs 3000 per month as maintenance under Section 125 CrPC.

Facts leading to the filing of this revision application were that respondent-wife moved an application under Section 125 CrPC against the applicant for grant of a maintenance amount, she alleged that after some time of the marriage, the applicant persistently made a demand of dowry from the respondent; and he used to harass her. Since then, she was residing in the house of her mother. She does not had any source of income thus, she found it difficult to maintain herself, whereas the applicant had 10 bighas of agricultural land and he was also engaged in the business of selling cattle, thereby earning Rs 1,00,000 per annum. Therefore, a prayer was made by the respondent/wife for grant of maintenance of Rs 10,000 per month before the Family Court. The said application was partly allowed vide the impugned order and the Family Court had directed the applicant to pay Rs 3,000 per month towards the maintenance of the respondent. Feeling aggrieved by the fixation of a maintenance amount, the applicant had preferred this revision application.

The applicant-husband contended that the marriage was solemnized in 2015 as per Muslim Rituals and Customs. It was further submitted that the respondent had earlier registered a case under Section 498-A of Penal Code, 1860 under Section 3 read with Section 4 of the Dowry Prohibition Act, 1961, but the matter was amicably settled between them but subsequently, the respondent again deserted him.

The counsel for the applicant, M.K. Sharma, submitted that the respondent was not entitled to receive any maintenance as she had deserted the applicant without any reason. It was highlighted that the respondent did not want to live in a joint family and if the applicant arranged for a separate residence she was willing to return.

Court on such contention by the applicant observed that, the Family Court had committed an error of law in allowing the application for grant of maintenance, as the case was not in favor of the respondent. The Court stated that, the respondent had accepted in her statement that earlier she lodged FIR against the applicant and his parents for the commission of the said offence. However, later on, she compromised the matter and returned back to her matrimonial house. Thereafter, she again left her matrimonial house, in her cross-examination in which she categorically stated that she was ready to live with the applicant if the applicant makes arrangement for their separate residence. The actions of the respondents were found contradictory. Hence the revision was allowed and the order was cancelled.[Aarif v. Shajida, 2019 SCC OnLine MP 1379, decided on [deleted]]

Netravathi Kalaskar
Advocate, Bangalore
4722 Answers
24 Consultations

4.8 on 5.0

You may file an appeal before the High Court and get the amount set aside or reduced in your favour.

Mohammed Mujeeb
Advocate, Hyderabad
14513 Answers
6 Consultations

4.5 on 5.0

If the court has passed final orders i the maintenance case, then you may prefer an appeal before the district court agaisnt the aggrieved order.

You may produce the documentary evidences in yor support which were not considered by the trial court and make a strong pleadings in the memorandum of appeal and present a convincing argument in order to get a favorable orders in the appeal.

 

T Kalaiselvan
Advocate, Vellore
62966 Answers
814 Consultations

5.0 on 5.0

It is one month time limit to prefer an appeal before district court and you may not be able to approach high couirt directly when you can prefer an appeal before the district court.

 

T Kalaiselvan
Advocate, Vellore
62966 Answers
814 Consultations

5.0 on 5.0

1. You can challenge the said order passed by the lower court before the High Court at Calcutta.

 

2. You shall have to file the appeal within  90 days from the date of receiving the order passed by the lower court.

Krishna Kishore Ganguly
Advocate, Kolkata
23702 Answers
649 Consultations

5.0 on 5.0

You shall have to file the said appeal within 90 days of receiving the order passed bty the trial court as advised in my earlier post.

Krishna Kishore Ganguly
Advocate, Kolkata
23702 Answers
649 Consultations

5.0 on 5.0

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