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Misuse of sec 125

(Querist) 17 December 2014 This query is : Resolved 
My wife has filed cases under DV Act and 498a in Nov 2007.Both are still pending as they are lingering
She has filed case under sec 125 in Dec 2008.The summons were not done at that time.But through my sources I checked in Court that the case was closed in May 2011 as she didn't appear in Court.
Now in Nov 2014 the summons were again done in case under 125.Is it not abuse of process of court.Sending summons after 6 year and starting case.

Is there any judgement of Apex Court regarding the abuse of process of court.

V R SHROFF (Expert) 17 December 2014
Once summon is served, he must appear and defend it.

case was not dismissed..
mtn shalll be payable wef 2008
Rajendra K Goyal (Expert) 18 December 2014
Well advised,agree to it. Citation not provided in this section.
Dharmender (Querist) 18 December 2014
Summons not received. Is it not abuse of process of court.What for court and the complainant waited for 6 years.
Nadeem Qureshi (Expert) 18 December 2014
Dear Querist
It may be possible that first case for maintenance will be dismissed and she filed a fresh case after that and the court issue the summon to you now.

It will be better to contact a lawyer personally or checked the file yourself if you think that you are able to do that.

Feel Free to Call
prabhakar singh (Expert) 18 December 2014
Is it not abuse of process of court?

NO IT IS NOT.

Check the record of case, post orders here then discuss.

Maintenance is a continuous necessity.
malipeddi jaggarao (Expert) 20 December 2014
You are telling that previous case is closed. She might have filed a fresh one and summon are issued on the basis this case. There is no abuse of process of court. In fact, it is doing its duty.
T. Kalaiselvan, Advocate (Expert) 24 December 2014
Receive the summons, see the case number and date sent, may be it is a fresh case(?), verify and clarify.


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