Can crpc 125 be dissmised due absence of aplicant
nilesh joshi
(Querist) 08 July 2017
This query is : Resolved
Please advice that case was filled uner CRPC 125 which is now four year old. Respodent has filled the reply 3.5 year back. Applicant has not submitted evidences or reply on oath (jubani).
1. Respodent has filled five exhibit applications to close the stage of the applicant and further move the case. order is not done
2. Being grieved; respodent approached to high court, receved order to decide the applications at the earliest.
3. high court order is submitted to the family court. after this last 3 dates; neither applicant nor her advocate present in the court hearing.
4. 3 exhibit application is given to close the case and further dispose to application. no order done.
Question: Can CRPC 125 application dismissed as per the order 9 rule 8 or any other act. if so then please share the details. what further can be done to dimiss the application exhibit no. 1 thanks
Dr J C Vashista
(Expert) 10 July 2017
Yes, it can be dismissed u/o IX Rule 8 CPC.
You have the option to move to High Court for non-compliance of orders passed by them, giving all relevant details. You can get better relief from High Court.