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Section 125 CRPC

(Querist) 02 January 2018 This query is : Resolved 
Sir,
Wife filed 125 CRPC on 2012, that was dismissed due to non appearance.

Thereafter she files restoration for that 125 CRPC.That also dismisses due to violation of court order.

Husband filed divorce case where wife awarded maintenance.

Then she again files 125 CRPC before the court.

The woman simply wasting valuable time of court.


Sir,
1) How to dismiss the 125 petition
2) Please send any order for non maintainability of parallel proceeding.




Vijay Raj Mahajan (Expert) 02 January 2018
She can always file S 125 Cr. P. C case for maintenance whenever she has no means to maintain herself. If she has income out of any source get her case dismissed.
Yes she can file the parallel maintenance proceedings along with divorce proceedings no legal bar for that.
Sankaranarayanan (Expert) 02 January 2018
yes as per law she can entitle to file it, no legal bar for that
Suraj Kumar (Querist) 05 January 2018
Is resjudicata is applicable ?
Ms.Usha Kapoor (Expert) 04 July 2018
Agree with VijayRaj Mahajan.


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