Paid Advise

Notice under section 128 crpc

Shivendra Pratap Singh



Reading Time:

I have received a notice under section 128 crpc. My wife filed a maintenance case under section 125 of the code of criminal procedure. The court has passed final order in that case to pay rupees seven thousand per month as a maintenance. This is too high maintenance and beyond my financial capacity. Therefore, I filed a revision before the sessions court but due to COVID I could not appear. Consequently it has be dismissed. Now my wife is approaching the court to implement it order. Yesterday I have received a notice.

Question from: Maharashtra

Your wife has a order of maintenance so she can approach the court to execute this order. However, your revision application is dismissed in default but you can recall this order. If court satisfies that maintenance order is beyond the financial capacity of husband then it can reduce it.

Notice under section 128 crpc

The court can issues a notice under section 128 crpc for implementation of its order. Merely filing of revision application does not stall the effect of maintenance order. So, you should obey the order of court and pay maintenance to your wife. If maintenance remains unpaid for more than one month then the court may issue a warrant against you. Therefore, you should pay the maintenance forthwith. You can pay it directly in your wife’s account or deposit it in the court.

Recall of revision application

You should immediately move an application before the court for recalling of order. The court can recall its order if you show a genuine reason for non-appearance in the court. However, section 362 crpc prohibits the court to alter or review the judgement. But proceeding under section 125 is a quasi criminal nature. Therefore, court can recall its order.

You have genuine reason for non-appearance in the court. Due to COVID cases courts had not been functioning properly. There was apparent fear of COVID infection in attending public places. These are the cogent reason which you can pray to court.

shivendra pratap singh advocate

Shivendra Pratap Singh


Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

More For you

Can I get maintenance from my unemployed husband

Can I get maintenance from my unemployed husband? My husband is unemployed due to heavy losses in business during the Covid period. He is still not working but capable of feeding his family. Recently he has developed an illegal relationship with his ex-employee and is...

A maintenance order without hearing the husband is void

The court cannot pass a maintenance order under Section 125 of the Code of Criminal Procedure (crpc) without hearing or giving the opportunity of hearing to the husband. If the court did so, it has breached the principle of natural justice. The husband should file an application under section 126 crpc for setting aside that order. There is a period of limitation for filing of such an application u/s 126 crpc

लिव इन रिलेशनशिप में रहने वाली महिला मित्र भी भरण-पोषण का दावा कर सकती है

मैं पिछले 10 वर्षों से अपने पुरुष मित्र के साथ लिव इन रिलेशनशिप में रह रही हूं. मेरे एक 6 साल की बेटी भी है. विगत 3 महीनों से मेरा मित्र मुझे घर से निकालने का धमकी दे रहा है और उसने मुझसे सभी प्रकार के संपर्क समाप्त कर लिया है. कई बार मेरा उससे बहस होती है कि अब मैं...

Can educated wife claim maintenance under section 125 CRPC

मेरी पत्नी ने मेरे तथा मेरी मां के विरुद्ध घरेलू हिंसा का केस दर्ज किया था जो कि न्यायालय द्वारा 5 फरवरी 2020 को खारिज कर दिया गया है. इसके पश्चात मेरी पत्नी ने अपने मायके जाकर धारा 125 के अंतर्गत भरण पोषण का दावा किया है. मेरी पत्नी शैक्षणिक रूप से सक्षम है तो क्या...

Excessive maintenance under Section 125 crpc

Judicial Magistrate has awarded excessive maintenance under section 125 crpc. An Order on section 125 crpc is passed by Kalyani judicial magistrate court ordering a final maintenance amount of Rs.7000. The wife has left me on her own will and I have sent 3 letters...

Kanoonirai has been advising in legal issues since October 2014. You can consult a lawyer through online media, telephonic consultation and video conferencing.