[Udar Ojha]

Will it be Revision under section 19(4) of the Family Act? Or Crim Misc under section 482 Crpc to set aside the impugned order? Or a petition under article 227 of the constitution?

[Udar Ojha]

Also, what will be the prayer? Will it be a Writ Petition or Criminal Misc?

[Udar Ojha]

Thank you Sir for the reply.

I missed a point that is important – the case is in Family Court. If application under order VII Rule 11 is not tenable then is there a provision/section/law under which I can challenge the maintainability of case u/s 125 CrPC on the lack of jurisdiction and desertion at Family Court at preliminary stage?

[Udar Ojha]

Under Section 125 of CrPC.

[Udar Ojha]

Thank you very much Sir, Your help is highly appreciated.

[Udar Ojha]

Thank you Sir, Kindly let me know the time limitation of filing application u/s 397/401 of CrPC from the date of order of the Session Court?

[Udar Ojha]

Sir, last query – is there any time bar in approaching High Court u/s 482 against an interlocutory order of family court?

[Udar Ojha]

Thank you Sir, A review application of interim maintenance is pending before the trial court. Does it need to be withdrawn before filing application u/s 482 Crpc? Or can the husband directly approach High Court under section 482? Please let me know.

[Author]

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