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What is a CMP after getting ex parte award? Where to appeal?
28-Sep-2023 (In Divorce Law)
on my maintenance case judge passed the order of Rs.15000/- my husband became ex-party in this case because nobody appear for the same. later my lawyer file a CMP for on that case their lawyer said that the case is set aside anly 3000/- was allowed.my laywer is telling me that if i have to challenge i have to file a case in HC.my doubts what is CMP? is i have to file this in HC or family court? now the CMP case is dissmiss,what can i do?
CMP stands for Criminal Miscellaneous Petition and was presented before the Area Magistrate under Section 125, the Code of Criminal Procedure, 1973.
Under Section 125 of the Code of Criminal Procedure (CrPC), an order passed by a Magistrate can be appealed in the following manner:
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First Appeal: A person who is aggrieved by an order passed by the Magistrate under Section 125 CrPC may file a first appeal before the Sessions Court having jurisdiction. The appeal should be filed within 30 days from the date of the order.
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Second Appeal: If the aggrieved person is not satisfied with the decision of the Sessions Court, they may file a second appeal before the High Court within 90 days from the date of the decision of the Sessions Court.
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Revision: In addition to the above, a revision petition may be filed before the Sessions Court or the High Court against the order passed by the Magistrate. The revision petition should be filed within 90 days from the date of the order.
275+
Adv. Sudershani Ray
Delhi | 200+ Answers
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What is CMP cases?
What is the full form of CMP in consumer court?
What is meant by CMP notice?
All other petitions other than original suits are criminal misc.pertitions ( like custody, maintenance).
You can challenge the amount in HC
391+
Adv. Ajay NS
Ernakulam | 200+ Answers
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It appears that your lawyer has misinformed you or you have misunderstood what the lawyer had informed. Please inform -
1. Which Court has granted the maintainanace of Rs.15000/-? Which court has set aside this order?
2. Who has filed the CMP? In which Court?
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Adv. P Venu
Vaikom | 500+ Answers
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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