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TAMILAN INDIAN (nil)     11 December 2014

Why sec 317 is filed by wife?any cunning behind this

Dear experts,

x lady ( divorce not given so far)file a mc 125 on jan 2014 for maintenance. again she filed sec 317 in march. could anyone clarify me ?

1.whats the purpose of  doing so?

2.what could be their motive behind such sections? my case she never appeared after first time here. i appeared twice.recently  judge also transferred now. some district court judge is coming on tuesdays as heard to this munsif court.

also she filed false affidavit in her oath.what will happen if  i can produce evidence? can perjury works.?


 2 Replies


Mainly 317Crpc is   1.  317(1) Crpc for dispensation  2. 317(2)Crpc for  to Split the case 

1 Like

T. Kalaiselvan, Advocate (Advocate)     14 December 2014

If she filed a maintenance case under section 125 Cr.p.c., then on the next date of hearing if she is not appearing, her lawyer can file a petition u/s 256 cr.p.c. and not u/s 317.    There should be some error, the details can be clarified from your lawyer who is taking care of your case or if time permits you may make personal visit to the office of the said court and get it clarified personally from the court clerk dealing  the subject. A petition u/s 317 will be filed to condone the temporary absence of the accused from appearing before the court on that particular day alone.

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