Mitesh Patel (NA) 05 March 2012

Complaint against malicious prosecution of crpc 125

Reposting

Dear Group Member

Can you please suggest that my wife filed the case for maintance u/s of crpc 125 in the family court of Junagadh, Gujarat and case is dismissed based on evidence submitted that present court do not have right jurisdication, she is not leaving under teritorlial jurisdiction of present court and this case file with malafied inention by my wife

May i file any case against her for malicious prosecution??

Looking forward your valuable suggestion?

BR/M Patel

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4 Replies

Arvind Sehdev (Advocate) 06 March 2012

My advice to you is.. dont drag the case... if the case is in your favour let it take it's natural course... let her run from pole to post... You need not do anything... (For now i.e.)

Shantilal Pandya ( Advocate) 21 March 2012

malice was applied or not is the criteria

Shantilal Pandya ( Advocate) 21 March 2012

Originally posted by :Shantilal Pandya

malice was applied or not is the criteria .

venkatesh Rao (Retired Government Servant) 22 March 2012

Filing a petition in a court not having territorial jurisdiction by itself cannot be a malicious prosecution at any stretch of imagination. Point of terriotorial jurisdiction is a preliminary issue and the court at the most dismiss the petition for want of jurisdiction and in doing so it can not go into merits. If the court has passed such orders that the filing itself is malafide, your wife has got right of appeal to get that portion expunged among other prayers.