About crpc 125 case
bharat jeevan uday
(Querist) 27 May 2016
This query is : Resolved
sir,
kindly to state that i am married from noida and my address is delhi. I am managed to win crpc 125 maintenance case as my wife didnot come on three consecutive dates and the judge dismissed the case after 2 years. my question is can she file a new petition in delhi court as my address is delhi and her address is noida. I won the case in noida court of maintenance 125. Can she go for a new petition of 125 in delhi court. MY lawyers said she only go for reappeal in noida court she cannot file new case of 125 in delhi.plz advice
Dr J C Vashista
(Expert) 28 May 2016
Who has told you that you have won the case in Noida where your wife did not pursue her case and it was dismissed in default.
Filing of a case u/s 125 Cr PC in Delhi or Noida is her choice.
Discuss with your lawyer, do not loose faith in him.
bharat jeevan uday
(Querist) 28 May 2016
thank sir,
but what I want to understand is can she close the maintenance case there at noida and file a new petition at Delhi as the case is dismissed at noida.I again have to fight the case at Delhi if she files a new petition at delhi or she goes for appeal at noida to reopen the case . what are her options about the case so that I will b prepared early.
bharat jeevan uday
(Querist) 28 May 2016
thank sir,
but what I want to understand is can she close the maintenance case there at noida and file a new petition at Delhi as the case is dismissed at noida.I again have to fight the case at Delhi if she files a new petition at delhi or she goes for appeal at noida to reopen the case . what are her options about the case so that I will b prepared early.
P. Venu
(Expert) 28 May 2016
The cause of action, i.e paying maintenance to the Wife under 125 CRPC is of continuing nature. Hence she can once again file the petition at the place of current residence. It is only that she cannot seek any payment towards the past periods.
Rajendra K Goyal
(Expert) 28 May 2016
She can file.
However full case file has to be referred, discuss with local lawyer.
