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Dharmender (None)     17 May 2012

Refile case under 125

My wife has filed case under sec 125 crc in 2008. In 2007 she hase filed case under DV act and 498A.

She has not sent summons to me under 125 crpc. In 2010 the case has been closed by the court. No orders were passed in this case.


Can she re-file case under sec 125. Will the previous case will help me to show the court how she is misusing law. If she has filed earlier why she ahs not continued the case and fought for it.


 1 Replies

Deepak Nair (lawyer)     17 May 2012

Once a case is dismissed by the court, it can be restored by approaching the higher court. But, in this case, the time limit to approach the higher court for restoration is over as the matter was dismissed in 2010.

You can use the details of the said previous case in the case which you are contesting now. The court may not rely on that, but will surely consider that.

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