Application under Section 125 of CrPC

Adv. Deepak (Querist) 08 December 2010 This query is : Resolved
Can a wife withdraw application filed under Section 125 of CrPC and file fresh one if she desires? She has filed a case under section 125 CrPC. However, the framework is not proper and she is likely to loose the case. Hence, she is interested to withdraw and file fresh one.

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Arvind Singh Chauhan (Expert) 08 December 2010
Yes she can. If the fact of second one is varies from old, it may be beneficial to husband.

Khaleel Ahmed Mohammed (Expert) 08 December 2010
Yes she can withdraw petition under section 125 of crpc at her desire. Further she can file fresh petition at any time.

Kirti Kar Tripathi (Expert) 08 December 2010
yes, she can withdraw and file a new/fresh petition

Advocate Bhartesh goyal (Expert) 08 December 2010
Yes,she can withdraw the petition with liberty to file a fresh petition with the permission of court.

Raj Kumar Makkad (Expert) 08 December 2010
I do agree with Goyal. She must seek permission of the court to file afresh petition on the same facts so that previous period may also be covered in the subsequent petition as we know that generally maintenance is awarded from the date of filing the petition. If link of the previous withdrawn petition is made with subsequent petition then entire period may be got covered and petitioner shall not be loser at all.

Devajyoti Barman (Expert) 08 December 2010
yes she can and no permission is required unlike civil case.

G. ARAVINTHAN (Expert) 08 December 2010
Any time wife can withdraw and file a fresh application as the Provision contemplated under Section125 is a beneficial legislation

s.subramanian (Expert) 10 December 2010
I agree.

Advocate. Arunagiri (Expert) 10 December 2010
I also agree with the experts.

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