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126 (2) Petition Related Query- Solve query


15-Jul-2023 (In Divorce Law)
Faced 125 CRPC ex-partee order and appealed in high court. But high court said to file an application of 126(2) in lower court which is family court. However, in high court order, filing for 126(2) in lower court is not mentioned. nnSo, my question is can I still file 126(2) against 125 CRPC ex-partee order?
Answers (4)

Answer #1
937 votes
Hello. Greetings of the day. We have perused the contents of your legal issue and are of the considered opinion that you can file an appropriate application under proviso to section 126(2) of the Code of Criminal Procedure, 1973, Wherein an aggrieved person may approach the concerned Magistrate, within three months from the date of the said order, by showing good cause for setting aside the ex-parte order
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Advocate Anubhav Kathuria

Adv. Anubhav Kathuria

LawRato Delhi | 1000+ Answers
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Answer #2
989 votes
Completely depends on what appeal was filed in High Court and what order has been dictated by the Hon'ble High Court. there has to be a mention of the reason of dismissal of the appeal.. and if that is the case.. i believe something rekated to going to trial court must also have been written in some or the other manner.. Kindly show the same to some advocate..
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Advocate Shikhar Aggarwal

Adv. Shikhar Aggarwal

LawRatoDelhi | 25+ Answers
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Answer #3
525 votes
Hello Sir Please share the order of the Honble High Court only then it will be picture clear what to to be filed in the concerned court please feel free to contact us for better assistance on the issue thanks
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Advocate Preeti Manderna

Adv. Preeti Manderna

LawRatoChandigarh | 100+ Answers
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Answer #4
790 votes
Yes, You can file an application under 126(2) CRPC, that's your right and first step to do against exparte order passed under 125 CRPC. Highcourt has guided you to take the first resort available to you before coming to it. So file and application under sec 126(2) as soon as possible.
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Advocate Mohit Rajput

Adv. Mohit Rajput

LawRatoDelhi | 100+ Answers
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