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S. 125 CrPC Petitioner wife willful delay n adjournments

Dear Seniors and Ld. Members,

I would like to know what legal recourse I have in below situation;

My wife filed S. 125 CrPC suit in Sept. 2006 and only on first hearing she and her ld. counsel were present and till date there were 5 more hearings and neither her ld. counsel or she herself were present.

On last hearing in Oct. I submitting dismissal application with pleading stating facts before MM Court but the MM didnot take my Application for Dismissal and simply wrote "last opportunity given to Petitioner / Ld. Counsel to appear before Court on next date - 31st. Jan.'09)"

My que. is that I still have Dismissal Application with Affidavit with me. The last order is of Oct. '08 with above roznama certified copy note of the MM. What should I do?

Can I file this application in Registrar's Office ? Can I file Transfer of Court and Judge Application stating that she is biased as inspite of pleading before her for dismissal of petitioner suit she has not done so and inspite of placing before MM Application for Dismissal of Petitioner suit due to her non appearance the MM has not taken any action?

Any help please????




 9 Replies

jaspreet singh (advocate)     01 December 2008



as you mentioned Ld. MM has given last opportunity to Petitioner, which undoubtedly means case will be dismiss on next date if petitioner not appeared. further, in such kind of cases, the tendency of judges favours petitioner/ women.


so you should wait for next date and then decide for any further action

Ravi Arora (Advocate)     01 December 2008

very right said by mr. Jaspreet.


Dear Jaspreet and Ravi,

Thank you both for replying to my call for guidance. I will wait and watch on next date then.


D. Arun Kumar

G. ARAVINTHAN (Legal Consultant / Solicitor)     01 December 2008

Sufficient oppertunity given to the petitioner it seems. Try to press for dismissal of the petition.


Dear Aravinthan Sir,

That is what I asked initially as to how to get HER petition dismissed ! I even produced infront of MM Court Application U/s 256 CrPC but MM refused to take my application and instead wrote in Roznama (day's Order Sheet) Last Opportunity Given to Petitioner !

So please understand the delima I am into and if any remedy I have then someone here should explain that to me before Limitation Period gets over !


M. Sahul Hameed (Advocate Profession)     07 December 2008

The  Magistrate passing a correct order, after giving a sufficient oppurtunity and then sent notice to the petitioner and the same was served, the magistrate has to be dismissed. Otherwise the petitioner has taken further steps to reopen the same and proceed against you.

G. ARAVINTHAN (Legal Consultant / Solicitor)     08 December 2008

You can press for dismissal of her application itself as she is not proceeding with the case



What does your paragraph means - to me it sounds as if I should file for transfer of jusge and court to another judge / another court as this MM is biased after giving sufficient opportunities etal she (MM) is still reopening old wounds and yet not dismissing wife's case on grounds of non appearance ? Right interpretation or you would like to illustrate your paragraph to a layman like me !

Regards Sir


 Dismissal Application with Affidavit in 125 case crpc...

My question is is this applicable also in divorce case as i have a case in which applicant filed 125 case ,and divorce case including the relief under section 24 of Hindu marriage act,1955.

can  we gave this type of application in civil matter also?

But   till date there were 7 hearings and neither her ld. counsel or she herself were present in the court.I think they are trying to delay the matter.



24. Maintenance pendente lite and expenses of proceedings.-





Where in any proceeding under this Act it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioner's own income and the income of the respondent, it may seem to the court to be reasonable.

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