125(3)
sourabh
(Querist) 27 December 2019
This query is : Resolved
Dear Sir
Is 125(3) maintainable if case of 125 has been closed by petitioner 2 years back on a compromise letter and case closed where judge only gave statemement that case closed as per petitioner wish
SHIRISH PAWAR, 7738990900
(Expert) 27 December 2019
Dear sir,
Application under section 125 (3) is not maintainable in your case.
Regards,
SHIRISH PAWAR, 7738990900
(Expert) 27 December 2019
Dear sir,
Application under section 125 (3) is not maintainable in your case.
Regards,
T. Kalaiselvan, Advocate
(Expert) 28 December 2019
Once the petition is closed or disposed you cannot do anything further on it.
What is your query?
If you want to continue the maintenance case, due to break in the compromise agreement, then you may file a fresh petition seeking the same relief since this case was closed based on the compromise arrived between you both.
Dr J C Vashista
(Expert) 29 December 2019
Once a case has been closed it can not be reopened with out any application or further cause of action in the same case.
What is the opinion and advise of your lawyer who is well aware about facts and circumstances of the case, an able competent and intelligent enough to guide you properly?
If you are not satisfied with capability / competence / performance of the lawyer engaged and paid by you, it is advisable to consult another local prudent lawyer for better appreciation of facts/ documents for professional guidance and proceeding.
sourabh
(Querist) 06 January 2020
Dear Sir
Further to your reply, case of 125(3) has been disposed by court as contested-dismissed as satisfied
My next question can again she can file 125 for claiming maintenance
If yes can i again contest
ashok kumar singh
(Expert) 06 January 2020
in your given facts and on your further queries further application can file only in changed circumstances.
thanks' & regards'
Ashok Kumar Singh,
Advocate
sourabh
(Querist) 08 January 2020
Dear Sir
If she again refiles 125 on same circumstances as nothing has changed
she is staying seperately from last 3 years and my divorce case is pending in supreme court as i filed from gurgaon and she approached supreme court for transfer petition
Raj Kumar Makkad
(Expert) 08 January 2020
She can definitely file fresh petition under section 125 Criminal Procedure Code if she is unable to maintain herself despite of her previous litigation.
