sourabh (asst sales manager) 12 January 2021

125 crpc as per new judgements of supreme court

dear all
I have a question
if wife file crpc 125
is it must that at time of filing she needs to give affidavits as per new supreme court judgement
if affidavits is not given at the time of filing
can I ask on very 1st date about her affidavits in honourable court

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Quick Summary

This discussion clarifies the Supreme Court's new directives regarding Section 125 CrPC, emphasising the mandatory filing of affidavits by both parties at the time of petition submission. It addresses concerns about incomplete filings and advises on raising objections. Additionally, it explores the possibility of challenging fresh 125 CrPC petitions in the High Court, particularly when previous cases were withdrawn based on a compromise that was not honoured.

4 Replies

Kishor Mehta (CEO) 13 January 2021

Format of Affidavit is given in the Order of the Supreme Court, both parties have to file the Affidavit. You

Advocate Bhartesh goyal (advocate) 13 January 2021

Court should not entertain petition without affidavit.you may raise objection in this regard.

Dr J C Vashista (Advocate) 14 January 2021

Incomplete file will not be accepted in filing counter. What is the opinion / adivse of your lawyer, if you are a party to the case? Prima facie it is a time pass question paper.

sourabh (asst sales manager) 16 January 2021

can I challenge 125 crpc in high court
as in my case earlier 125 case was withdrawn by wife on a compromise letter
but she never lived with me
later after 2 years she filed 125(3) which was simply dismissed by lower court as there is order from court
now again she filed a fresh 125
so can I go for challenge this in high court
if yes what basis ie she is intentionally filing multiple litigation without any base
and she in her own will staying with her parents as earlier compromise states that she will withdraw all litigation including 498 but she never withdrew and never joined me
instead filing frivolous allegations