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How to challenge decision of Family court to get maintenance or RCR
04-Mar-2023 (In Divorce Law)
I have filed an application under section 125 CrPC for getting maintenance from my husband who has left me from 2009 onward after two month of marriage. My application was rejected dismissed under section 125(4) of CrPC citing that she is not entitled for maintenance as she has left her matrimonial home without any just or valid reason without finding any proof or evidence against. In his cross examination husband has already said that he is not ready to keep me now. please guide under which provision or act i can challenge the order passed by Principle Judge Family under section 125(4). Whether any alternate speedy remedy available in any law to get maintenance or restitution of conjugal right. he is not ready to keep me due to his family member only.
Venerated madam,
As you mentioned above that your maintenance petition has been disposed by the Principle Court then you have only option to challenge that order before the Appellate Court viz. High Court. As per the various judgement of Sc where precisely held that wife has fide right for maintenance, hence you can file appeal before Superior Court regarding claim for maintenance. Feel free to call me through Lawrato.
As you mentioned above that your maintenance petition has been disposed by the Principle Court then you have only option to challenge that order before the Appellate Court viz. High Court. As per the various judgement of Sc where precisely held that wife has fide right for maintenance, hence you can file appeal before Superior Court regarding claim for maintenance. Feel free to call me through Lawrato.
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Adv. Anil Kumar Singh
Ranchi | 500+ Answers
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Yes.there is legal option available for u against ur principle court judgement .As per law u have to present the case perfect .but its is seem that u were unable to present the reason for not living ur husband home.but as u say that husband can go against his parent will,u have to file case but for that u have to bring evidence.
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Adv. Pankaj Kumar Singh
Ranchi | 100+ Answers
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Yes you can always go in appeal against such an impugned order and you should also file section 9 for restitution of conjugal rights which will give You a better ground to get maintenance of he is still not ready to keep you with himself
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Adv. Vikash Shangari
Jamshedpur | 25+ Answers
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DEAR MAM FIRST I WOULD LIKE TO SUGGEST YOU THAT PLEASE CHANGE YOUR ADVOCATE AND YOU ARE THE FIRST WOMEN IS MY KNOWLEDGE WHO LOST THE CASE UNDER SECTION 125 Cr.P.C AND THE ONLY SPEEDY REMEDY IS TO FILE A WRIT BEFORE THE HIGH COURT FOR SETTING A SIDE THE ORDER PASSED BY FAMILY COURT.
AND YOU CAN ALSO FILE CRIMINAL APPEAL AGAINST THE ORDER PASSED UNDER SECTION 125 OF Cr.P.C WITH IN 30 DAYS
AND YOU CAN ALSO FILE CRIMINAL APPEAL AGAINST THE ORDER PASSED UNDER SECTION 125 OF Cr.P.C WITH IN 30 DAYS
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Adv. Shyam Narsaria
Ranchi | 200+ Answers
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