Revision in maintenance case has been dismissed

by Shivendra Pratap Singh | Dec 12, 2023 | Family Law

Revision in maintenance case has been dismissed. MC Filed on 3.8.2016 and ordered on 22.3.2023 Wife and Children each 2000 *3 = 6000 from date of application and I went for revision to sessions court which is dismissed due to not attended in corona but 91 CrPC is pending in August 2021. and they filed arrears petition in JMFC on 28.12.2021 for the period 3.8.2016 to. 3.7.2017 I replied that is a statutory Period one year limit is over now my doubts is this petition is maintainable or not then how can I take stay on this pls give your advice to me.

Asked from: West Bengal

Based on the information provided, it appears that a Maintenance Case (MC) section 125 CrPC was filed on August 3, 2016, and an order was issued on March 22, 2023, awarding maintenance to the wife and children. Subsequently, you filed for revision in the Sessions Court, which was dismissed due to non-attendance during the COVID-19 pandemic. A petition under Section 91 of the Criminal Procedure Code (CrPC) is pending as of August 2021.

Regarding the arrears petition filed in the JMFC (Judicial Magistrate First Class) on December 28, 2021, seeking maintenance for the period from August 3, 2016, to July 3, 2017, you mentioned that you replied, stating the statutory one-year limit has expired.

In the prevailing situation you should approach the court for recalling of its order passed in revision petition. It was dismissed in want of prosecution. Prima facie it seems that you have valid reason for non-appearance in the court proceedings. When the court restore your revision then you can defend your case.

So far as arrear is concerned, you have to pay the arrears in full if your wife has sufficient grounds to prove delay in claiming arrear. The one-year time for claiming arrear can be exonerated if the claimant has valid excuse for delay. For more legal help please visit Kanoon India.

Related:

Shivendra Pratap Singh

Shivendra Pratap Singh

Advocate

Advocate Shivendra, practicing law since 2005, specializes in criminal and matrimonial cases, extensive litigatin experience before the High Court, Sessions court & Family Court. He established kanoonirai.com in 2014 to provide dependable and pragmatic legal support. Over the years, he has successfully assisted thousands of clients, making the platform a trusted resource for criminal and matrimonial dispute resolution in India.

Related Matters

क्या तलाक के लिये पति-पत्नी को अलग-अलग रहना जरूरी है

क्या तलाक के लिये पति-पत्नी को अलग-अलग रहना जरूरी है। पिछले 23 वर्षों से हम एक साथ हैं लेकिन सिर्फ दिखावे के लिये पत्नी साथ नहीं रहना चाहती है। मैं दुबई में काम करता था और पिछले 11 साल से भारत मे रह रहा हूँ अपनी पत्नी के साथ। मेरे एक बेटी है जो राजस्थान में होस्टल में…

Wife calling me impotent in front of the family members

Wife calling me impotent in front of the family members and also in front of her relatives. She openly talks about my impotency and my sexual behavior to her parents. It is very disgusting for me because I am not impotent. After ten years of marriage we are striving…

Uncompromising conduct of wife is cruelty against husband

Whether uncompromising conduct of wife is cruelty against husband? My wife is not ready to compromise with the traditions of our family. I am a government servant in class I category. My wife is a non-working lady. She does not like my family members and always…

Childless old lady can seek maintenance

Childless old lady can seek maintenance from anyone. My neighbor is an 80-year-old woman living alone in her home. Her husband was one of three brothers, and all have passed away. There are no male relatives residing in her household. The property she lives in is…