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can i apply to diosmiss the application filed by wife u/s. 125 of C. R. Pc.?

Querist : Anonymous (Querist) 08 October 2010 This query is : Resolved 

Dear Experts,

A husband and wife married in the year2007. In the year 2009, the wife under the influence of her parents, left her matrimonial home alongwith her two years old baby without any reason. Husband filed a matrimonial petition before the Hon’ble J. M. F. C. (S.D.) court, Maharashtra for restitution of conjugal rights. Knowing that wife filed an application u/s. 125 of cr. P.c. before the Hon’ble J. M. F. C. court, Gujarat for maintenance for herself and younger daughter. The said application filed after about 13 days from the petition filed by husband. In the petition filed by husband, the summons issued by court was send through R. P. Ad. was refused by wife hence presumed served. And even after service of summons wife failed to remain present before the court, hence the court kept the matter as Ex-parte. Petition filed by husband then ordered ex-parte by the Hon’ble J. M. F. C. (S.D.) court, and wife directed to co-relate with husband with in fifteen days. The application filed by wife u/s. 125 of C. R. Pc. is pending.

My query is that…

can I make an application on behalf of husband before Hon’ble J. M. F. C. court, Gujarat to dismiss the criminal application filed by wife as the husband got the order in his favour in his petition filed 13 days earlier then the application of wife, before the Hon’ble J. M. F. C. (S.D.) court, Maharashtra?

pl. reply me urgent.

Thanks in advance.
pawan sharma (Expert) 08 October 2010
Devajyoti Barman (Expert) 08 October 2010
This case has got nothing to do with rcr. And please note that even if you get the decree in rcr , it will pose no hindrance to pass order of maintenance u/s 125 crpc.
Amita Chaudhary (Expert) 08 October 2010
well gentlemen, you should go and appear before the Court where application under section 125 Cr.P.C has been filed by the wife and file your reply to her application bringing on record the order in the section 9 petition and further contending that your wife move out of her matrimonial home out of her wish and you are ready to take her home and she has no reasonable ground to refuse to stay with you as the section 125 Cr.P.C is very clear that a erroring wife should not claim maintenance....and therefore only the phrase used is
"Without any sufficient reason she refuses to live with her husband"

Uma parameswaran (Expert) 08 October 2010
If you are really wishing to take her back then, you can appear before the Court as per the suggestion given by Expert.Amita Chaudhary.
s.subramanian (Expert) 09 October 2010
I agree with Amita.

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