Home       Top Rated       Submit Article     Advanced Search     FAQ       Contact Us       Lawyers in India       Law Forum     RSS Feeds     

Register your Copyright Online

We offer copyright registration right from your desktop click here for details.

Latest Articles | Articles 2014 | Articles 2013 | Articles 2012 | Articles 2011 | Articles 2010 | Articles 2009 | Articles 2008 | Articles 2007 | Articles 2006 | Articles 2000-05

Search On:Laws in IndiaLawyers Search

Mutual Consent Divorce in Delhi
We provide fast, cost effective and Hassle free solution.
Contact us at Ph no: 9650499965 (Divorce Law Firm Delhi)
File Caveat in Supreme Court
Contact Ph no: +9650499965

Main Categories
 Accident Law
 Animal Laws
 Arbitration
 Aviation Law
 Bangladesh Law
 Banking and Finance laws
 Case Laws
 Civil Laws
 Company Law
 Constitutional Law
 Consumer laws
 Contracts laws
 Criminal law
 Drug laws
 Dubai laws
 Educational laws
 Employment / Labour laws
 Environmental Law
 family law
 Gay laws and Third Gender
 Human Rights laws
 Immigration laws
 Insurance / Accident Claim
 Intellectual Property
 International Law
 Juvenile Laws
 Law - lawyers & legal Profession
 Legal Aid and Lok Adalat
 Legal outsourcing
 Media laws
 Medico legal
 Miscellaneous
 Pakistan laws
 Real estate laws
 Right To Information
 Tax Laws
 Torts Law
 Woman Issues
 Workplace Equality & Non-Discrimination
 Yet Another Category

More Options
 Most read articles
 Most rated articles

Subscription
Subscribe now and receive free articles and updates instantly.

Name
Email




Published : March 10, 2016 | Author : nitish788
Category : Criminal law | Total Views : 6253 | Rating :

  
nitish788
Advocate Nitish Banka, advocate supreme Court of India. nitish@lexspeak.in
 

125 CrPC-Scope of Revision

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

The author can be reached at: nitish788@legalserviceindia.com




1 2 3 4 5
Rate this article!     Poor
Excellent    

Most viewed articles in Criminal law category
The Power of The Magistrate Under Section 156 (3) of Cr.P.C
The Elements and Stages of a Crime
Dying Declaration-Section 32(1) of Indian Evidence Act
Confession under Indian Evidence Act
Duty of The Public Prosecutor In The Criminal Justice System
Experts Opinion and its admissibility and relevancy - Law of Evidence
Whether Section 324 Of IPC Is Bailable Or Non-Bailable
Rape Laws In India-Appropriate or not?
Change in definition of Rape in India
Mens Rea in Statutory Offences
Anti - terrorism laws in India
Section 91(1) CrPc: An analysis of Constitutional Validity
Common Intention And Common Object Under The Indian Penal Code 1860
Rights of Arrested Person
Need on capital punishment in the context of rape
Secondary Evidence
Most recent articles in Criminal law category
Prisoners Rights
BRD Hospital Tragedy Existence of Res Ipsa Loquitur Over UP Govt Reasonable Justification
The Fugitive Offenders Bill
How to quash 498A
Bail conditions
is rope an answer for crime?
Formation of Special Courts in Rape Cases for Speedy Trial: A Necessity
Quash 498a -Vague allegations in Fir
Quashing of False FIR registered under 498A and 406 of the Indian Penal Code
Unsophisticated Arena of Criminal Investigation: Loopholes and Repercussions
Terrorist and their Tactics:-Need of Creative Criminology
How a Defendant Grand Jury Testimony Can Be Used at Trial
Yakubs Death Punishment
Framing of a Law or Enforcement of a Law
Compensation: A Ray of Hope
Evidential Value of Private Reports in Court of Law

Article Comments

there are no comments...

Post Your Comments
Name

Email

Your comments

Note : Your email address is only visible to admin, other members / users cannot see it.

You can use following FXCodes


BOLD : [b]
Italic : [i]

[b] Legal Services India [/b] is a [i]nice website[/i].
[url= http://www.legalservicesindia.com/article/ ]click here to visit.[/url]

Legal Services India is a nice website.
Click here to visit

 

Note : Currently, user comments are moderated and will be posted only after approval.



Welcome!
Please login or register a new free account.

Random Pick
The transparency and efficiency of governmental sports federations in India has been questionable at the best of times. The question marks about financial impropriety that have arisen during the third edition of the Indian Premier League (IPL), have eased the task of explaining why indeed there must be a structured Sports Law regime in India....

Statistics
» Total Articles
1660
» Total Authors
4963
» Total Views
23510534
» Total categories
43

Law Forum


Legal Articles

Lawyers in India- Click on a link below for legal Services

lawyers in Chennai
lawyers in Bangalore
lawyers in Hyderabad
lawyers in Cochin
lawyers in Pondicherry
lawyers in Guwahati
lawyers in Nashik

lawyers in Jaipur
lawyers in New Delhi
lawyers in Dimapur
lawyers in Agra
Noida lawyers
lawyers in Siliguri

For Mutual consent Divorce in Delhi

Ph no: 9650499965
For online Copyright Registration

Ph no: 9891244487
Law Articles

lawyers in Delhi
lawyers in Chandigarh
lawyers in Allahabad
lawyers in Lucknow
lawyers in Jodhpur
Faridabad lawyers

lawyers in Mumbai
lawyers in Pune
lawyers in Nagpur
lawyers in Ahmedabad
lawyers in Surat
Ghaziabad lawyers

lawyers in Kolkata
lawyers in Janjgir
lawyers in Rajkot
lawyers in Indore
lawyers in Ludhiana
Gurgaon lawyers

TOP

India's Most Trusted Online law library
Legal Services India is Copyrighted under the Registrar of Copyright Act ( Govt of India) 2000-2017
 ISBN No: 978-81-928510-1-3