Legal Question in Family Law in India

Dear Sir,

My sister�s maintenance case is running in family court from Aug2008 under sec Crpc125 & she is petitioner, in this we had submitted one application for interim relief on dated 10-Nov-2009 & it was decided on dated 28-May-2013 for granting 2700Rs p.m. upto the final disposal of the case. In the order it was written that interim relief would be started from 28-may-2013 while the application was of dated 10-Nov-2009. After that we had submitted one application for saying that interim relief should be started from the date of application and it should be enhanced as it is very low, a person can not survive. Advocate of opposite party submitted reply that the Magistrate does not has any power and area to alter/review/enhance his order, once it is ordered while I submitted a rejoinder & mentioned many reasons, why this case delayed. How respondent got succeeded in delaying the case. Respondent also has deposited penalty on the action of x-party, in this way I mentioned all the reasons.

My questions : Can a magistrate/judge not alter his order once he declared?, does he has not the rights to review his own order which is given u/s125 while sufficient reasons also there?

With Regards

Naresh


Asked on 3/31/14, 12:20 am

1 Answer from Attorneys
Santosh Goswami,Advocate sure shot legal

Under section 128 CrPC , Magistrate has power to modify the order if new circumstance does arise in that case. If an order was passed on the available record, that can't be reviewed by it and you have to go in revision to high court.

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Answered on 4/01/14, 6:45 am


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