Magistrate passing maintenance order under S. 125 Cr.P.C. when not empowered

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    • July 9, 2018 at 3:22 pm #4856
      Dr. Ashok Dhamija
      Advocate

      As per the provisions of Section 461(g) of the Cr.P.C., where a magistrate makes an order for maintenance, when he is not empowered by law in this behalf, his proceedings are void. This means that the order of maintenance passed by the magistrate is invalid and can be set aside by the higher courts. Therefore, your lawyer has correctly advice to challenge this order and get it set aside by the higher courts.     

      Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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