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Naren   11 October 2017

Quash 125 crpc

wife file 125 CrPc & Divorce on grounds of cruelty in 2 separate FC’s. Can I file Quash in AP HC on these grounds.

  1. She was working for 1+ year and concealed this from the court & lied during trial stated that she is MBA intern in XYZ Ltd & not employee. Her Provided Fund for 1 year later marked as exhibit for XYZ ltd. She has done perjury and is not entitled any Interim or final relief.
  2.  She filed maintenance after 1 month of filing divorce on grounds of cruelty. As per AP HC Hindu Marriage and Divorce Rules Section 6(i) any petition filed for divorce U/s 13 (IA) clause (i) and (ii) must state any relief sought for custody, care & maintenance of the child. Not submitted any proof of neglect or refusal or cruelty.
  3. I filed custody of child U/s 12 GWOP before she filed interim in 125 and got orders for visitation that was not followed. This is a case of alienation and not neglect. I am willing to take both wife and daughter back unconditionally as stated in 125(4) and pay 100% of school fee.


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 3 Replies

Anamika Vichare (Practising Lawyer)     11 October 2017

instead of applying to HIg h Court for trabsfer or for any otherrelief, for barr, it is better you file your detailed written statemetin divorce n maintenance and put the matter for mediation

 

Adv Radhika Mehta (Advocate)     11 October 2017

Originally posted by : Naren

wife file 125 CrPc & Divorce on grounds of cruelty in 2 separate FC’s. Can I file Quash in AP HC on these grounds.


She was working for 1+ year and concealed this from the court & lied during trial stated that she is MBA intern in XYZ Ltd & not employee. Her Provided Fund for 1 year later marked as exhibit for XYZ ltd. She has done perjury and is not entitled any Interim or final relief.

The chances of sucess in quashing cannot be guaranteed on this ground.  You can, however, initiate appropriate action against her for Perjury. 
 She filed maintenance after 1 month of filing divorce on grounds of cruelty. As per AP HC Hindu Marriage and Divorce Rules Section 6(i) any petition filed for divorce U/s 13 (IA) clause (i) and (ii) must state any relief sought for custody, care & maintenance of the child. Not submitted any proof of neglect or refusal or cruelty.

That is immaterial.  Separate proceedings can be taken out for maintenance.  It is not a ground for quashing.

 
I filed custody of child U/s 12 GWOP before she filed interim in 125 and got orders for visitation that was not followed. This is a case of alienation and not neglect. I am willing to take both wife and daughter back unconditionally as stated in 125(4) and pay 100% of school fee.

You can file for Restituition of conjugal rights.. Also record emails/ messages putting on record her refusal to provide access to you. File for Contempt of court also for non-compliance of orders. 
 

 

B.N.Raja Mohamed (ADVOCATE)     19 October 2017

Sir,

The proceedings u/s 125 Cr.P.C. IS QUASI criminal and the question of quashing will not arise.If you have grievance that the proceedings are before disfferent courts you can move only for transfer of one case to the court where the other case is pending or to have a joint trial of both the cases.


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