Recall Application Format for interim order passed under 125 CrPC


Recall Application Format for interim order passed under 125 CrPC

IN THE COURT OF HON’BLE PRINCIPAL FAMILY JUDGE, (jurisdiction)

Case No. of Year

Application for review and recall of order dated______ whereby an amount of Rs. _______/- was ordered to be paid to Mrs.____________ as legal expenses.

Hon’ble Sir,

It is most respectfully submitted that:-

  1. The proceedings u/s 125 CrPC are quasi civil proceedings. These are not Criminal proceedings. Being Civil Proceedings, the review is maintainable as also so held by various Hon’ble High Courts in catena of cases.

  2. The order is required to be reviewed if it suffers from error apparent on the face of record. Hon’ble Supreme Court has also held that an order where there is apparent error, whether of fact or law, on the face or record, is required to be reviewed.

  3. There are apparent errors of not only of fact but also of law in the impugned order dated ______, as brought out here-in-under:

  4. The copy of the application of Smt. _________ seeking interim maintenance and legal expenses was handed over to the applicant herein during the proceedings in the court itself and the Hon’ble Court passed the order awarding legal expenses to her immediately thereafter, without giving an opportunity to the applicant herein to file objections. Such an order is required to be recalled as per laid down law of Hon’ble Supreme Court.

  5. Legal expenses here awarded to Mrs. _________ without even deciding the admissibility of interim maintenance adopting an arbitrary & illegal procedure. If one is not entitled for interim maintenance, legal expenses cannot be awarded. If one is able to maintain herself, that person can as well meet the legal expenses.

  6. Even if one is entitled to the interim maintenance, she cannot be awarded legal expenses as per Hon’ble Supreme Court ruling for the reason that free legal aid is available at (jurisdiction).

  7. Every final order u/s 125 CrPC is required to contain point(s) for determination, the decision there on and reasons for the decision as per Section 354(6) of CrPC. The award of legal expenses is certainly a final order and having been delivered as it stands, is apparently illegal.

  8. It may also be submitted that she is not entitled for any relief whatsoever u/s 125 CrPC for the following reasons.

  9. She does not fulfill the very objective of section 125 CrPC namely prevention of destitution and vagrancy as she has been living with her parents after deserting her matrimonial house, she has a share in ancestral property valued several crores of Rs. and that she has filed the application u/s 125 CrPC after one year of desertion from her matrimonial house.

  10. She does not fulfill the essential ingredients of section 125 CrPC. Further, she is a professionally qualified holding MBA degree. Such woman cannot be allowed to sit idle waiting for a doll from their husband. This Hon’ble Court cannot allow creation of professionally qualified idlers who block the progress of society. Any relief to such woman shall be against the laid down law of several Hon’ble High Courts.

  11. The relevant rulings of the Hon’ble Supreme Court and various Hon’ble High Courts, which supports the submissions made here-in-above shall be filed, if required and so ordered, by this Hon’ble Court.

  12. In case, any of the submissions made in above paras does not find favour with the Hon’ble Court, reasoned order be made, as is required under law.

Prayer

It is, respectfully prayed to review the order dated____ and dismiss the application of Smt. ___________ seeking interim maintenance and legal expenses. In the alternative, to recall the said order and issue fresh order in accordance with the law after giving opportunity to the applicant herein to file objections and after hearing him.

Applicant

Date:

#Format

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