Family Court Can Restore Application U/S 125 CrPC After Its Dismissal For Default: Orissa High Court

Family Court Can Restore Application U/S 125 CrPC After Its Dismissal For Default

Case: Sachindra Kumar Samal v. Madhusmita Samal @ Swain & Anr.

Coram: Justice Radha Krishna Pattanaik

Case No.: CRLMC No. 1943 of 2022

Court Observation: “When a proceeding of maintenance is dismissed on account of default and if it is claimed that the court lacks jurisdiction to restore it in absence of any provision, how it could have been dismissed for non-prosecution, again for having no provision in the Cr.P.C. According to the Court since such is action is predominantly civil in nature, the power to restore a proceeding under Section 125 Cr. P.C. is inherent.”

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Family Court Can Restore Application, S 125 CrPC, Dismissal For Default