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ravi (Eng)     21 November 2016

Crpc 482, 362 cases after disposal of crpc 125 case

Hi,

 

My wife left my home 2 year ago on her own & her relative's will.

 

Then she filed crpc 125 case for maintenance. In this case, as she did not appear in court for her cross investigation for 8-10 dates of court, court disposed off this case 2.5 months ago. It mentioned in the order that

"Applicant is absent since long time. Today, the applicant is absent, when called out. This

shows that, the applicant has lost her interest in this matter. Under such
circumstances there is no purpose to be served by keeping the matter
pending. Hence, the matter is disposed of, for want of prosecution."
 
 
Then within 15 days of this order, she filed another case under CrPC 482 & 362. Please, guide me on:
1. What is meaning of these 2 sections -> CrPC 482 & 362.
2. Is this case valid? (because my lawyer said they can refile the maintenance case within 2 month's grace period).
3. What should I do now?
4. How to stop her from putting more cases? (cause she has already filed 3-4 cases).
5. I want to file divorce case, But to avoid my summons, she is not sharing her new address. In this new case as well she has given her old address. Can I raise objection on this?
6. How to make her disclose her address?
7. Her lawyer is asking for huge amount to settle the cases & mutual consent divorce. How can I get out ofd it?


Learning

 4 Replies

bharath.h11 (Insurance)     21 November 2016

The default judgement can be restored if the disappeared party turns back to the court.

In Section 362 CrPC, a decree passed cannot be altered but Section 362 CrPC not applicable for default judgement (because one of the parties not appeared for long time). 

A Statement from one of the Judgement:

Section 362 Cr.P.C. prohibits the court to alter or review the judgement but if any case is dismissed in default, it cannot be said to be a judgement. Therefore, the bar of Section 362 Cr.P.C. is not applicable.

Section 482, is about Inherent Powers of the High court. Nothing can limit a High court to pass any order to secure the ends of justice. which means, your wife is pleading the court to restore the case proceedings.she wants to continue the legal proceedings. If she gives a proper reason and if court is satisfied with the reason given by her for not able to appear for 8 to 10 hearings, the case will be restored. But, you can give your objection for restoring the case.

Consult your lawyer.

ravi (Eng)     22 November 2016

 

Thank you Bharat ji for help!

Can I deny taking summons for this new case?

bharath.h11 (Insurance)     23 November 2016

Ravi, I am not a lawyer. So, consult your lawyer because i have no clue of intracacy of your case.

my advise is, accept the summon and defend in the court by objecting to set aside the given judgement. try to potray the facts that your wife's only intention is to torture you by dragging you to the court, etc.

 

NM (j)     23 November 2016

My case is very Similar to this. She remained absent for almost 2years.Now recently the court has disposed her case. Please guide how one can avoid her to file Crpc 482, 362 or similar type of acts?

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