125 cr.p.c petitioin
basavaraj shiromani
(Querist) 19 December 2012
This query is : Resolved
A woman is claiming maintenance against a person who is not her husband or having any relationship with that man. Whether the petition filed by the woman u/s 125 cr.p.c.is maintenable. What remedy is available to the person. Whether he is to file declaration suit instead of contesting the petition pending.
Sushil Sharma
(Expert) 19 December 2012
How it can be possible to claim. no she has no right at all
Raj Kumar Makkad
(Expert) 19 December 2012
Such stranger person shall have to contest only that petition instead of filing separate suit.
Nadeem Qureshi
(Expert) 19 December 2012
Dear Querist
there is no prima facia maintainability of the case if the person willing to file objection he can be file objection before the court in which the case is pending and after dismissal of the case he has right to file a suit for defamation and malicious prosecution/suit for damages or criminal defamation u/s 499/500 of IPC
Feel free to call
Raj Kumar Makkad
(Expert) 19 December 2012
Some additional remedy has been told by Nadeem but those should be got applied only after dismissal of this case on merits.
R.K Nanda
(Expert) 19 December 2012
defend it strongly and get it dismissed by court.
