CRPC 125 Case
11 months ago
If a Maintenance case was finalise with X party order against husband in district Court. Then what is the procedure to apply a replay against the court Order ?
After the case has been resolved ex parte, the party against whom the ex parte order was made may appeal the decision to a higher court. Even if the defendants fail to appear, the court will decide the case on merits.
If the court has already passes the final order and if you wish to appeal against the same then you need to file the appeal in next higher court which will be the District court as he 125 final order would have been passed by the JM court.
In case the final order is passed by the Family court then you will have to appeal in High Court.
First you have to try to reopen the case in the same Court otherwise you have to go to higher Court challenging ex-parte orders passed in the maintenance case.
Anonymous
Replied 11 months ago
Dear Sir, Thanks a Lot for your fruitful answer.
I have totally confuse regarding my X-Party order passed by District Family court.
My Advocate has been misguided me and already taken 50 Thousand Rupees from me and filed a Petition in High Court (Punjab & Haryana) Chandigarh.
After Filed the Petition the High Court Pass a order " On being confronted with mandate of Section 126 Cr.P.C. , learned counsel for the petitioner seeks permission to withdraw the instant petition with liberty to avail remedy as Permissible by law."
"Dismissed as withdrawn with liberty as aforesaid." (JAGMOHAN BANSAL, JUDGE )
Sir, Please explain me the actual meaning of this Order Passed by High Court. ( Punjab & Haryana.). and What will do next for this Case ?
I will very much grateful to You.
Thanks & Regards,
Pramod Nayak
Gurgaon. (HR)
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