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Can suit for maintenance u/s 125 crpc be filed in High court directly


19-Mar-2023 (In Civil Law)
Can the Parent (Mother) seeking maintenance directly file the case under section CrPC 125 directly in THE high court?(for the maintenance) The reason for asking this question is that ,the nearby court doesn't have proper Judges and the cases are not happening on timely basis there.
Answers (3)

Answer #1
548 votes
It is not possible to file a maintenance case u/s 125 crpc before the high Court directly. Since high court has no jurisdiction to entertain the same.the jurisdictional Magistrate court has to consider the petition
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Advocate Jayaprakash V

Adv. Jayaprakash V

LawRato Hosur | 25+ Answers
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Answer #2
804 votes
it can be filed only in concerned judicial magistrate court and not directly to high court. You can approach local counsel for nearest court to get appropriate jurisdiction to file the above said case.
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Advocate RS Raghavan

Adv. RS Raghavan

LawRatoChennai | 5+ Answers
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Answer #3
510 votes
The power to grant maintainance under section 125 of crpc only vests with concerned judicial magistrate or family judge in corporation areas. But against the order in maintainance the aggrieved party can approach concerned high court under section 397 of crpc through way of criminal revision
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Advocate Saravana Kumar

Adv. Saravana Kumar

LawRatoCoimbatore | 50+ Answers
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