125 CrPC - Family Court Unlimited Power | Allahabad High Court's Landmark Judgement| Section 362crpc

125 CrPC - Family Court Unlimited Power | Allahabad High Court's Landmark Judgement| Section 362crpc
In this 125 crpc maintenance case supreme court and high court clarified the power of Family Courts to review maintenance orders under Section 125 CrPC, despite the general bar on revision under Section 362 CrPC.
Section 125 CrPC: This section deals with maintenance orders for wives, children, and parents from someone who has a legal obligation to support them. Section 362 CrPC: This section generally prohibits courts from reviewing their own judgments or orders once signed.
In this case, Supreme Court & Allahabad High Court held that Section 362 CrPC's bar on review doesn't apply to maintenance orders under Section 125 CrPC. The reason for this is Section 125 CrPC
The court recognized Section 125 CrPC as an exceptional category. Power to Modify under Section 127 CrPC: Section 127 CrPC specifically allows courts to recall or alter maintenance orders passed under Section 125 CrPC. This power to modify overrides the bar of Section 362 CrPC.
Thus Family Courts have the authority to review and modify maintenance orders passed under Section 125 CrPC, even after they are signed.
Judgement link 👇
Case :- APPLICATION U/S 482 No. - 10290 of 2019
Applicant :- Rajkumar
Opposite Party :- State Of U.P. And 2 Others
Counsel for Applicant :- R.V. Pandey
Counsel for Opposite Party :- G.A.,Ashutosh Gupta,Ashutosh Sharma,Gyan Prakash Verma
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