125 crpc

Querist : Anonymous (Querist) 11 February 2021 This query is : Resolved
Sir,
Wife file 125 CRPC on 2012 and the same was dismissed for default during starting of evidence stage.

She again prayed for restoration of above proceeding, but the same also dismissed for violation of court order.

She again file fresh 125 CRPC on 2018.

Can a woman come to court like this way ?
Is there any reference judgement - please refer.

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SHIRISH PAWAR, 7738990900 (Expert) 11 February 2021
Hello,

Application for maintenance u/s. 125 of crpc can be filed again as the previous application was not decided.

Advocate Bhartesh goyal (Expert) 11 February 2021
Right to maintenance is statutory right of wife .Contributory negligence is not relevant consideration to throw applicants case out of court.wife can file again and again petition u/sec 125 of Cr.p.V till her case is finally not decided.