125 crpc
rahul jain
(Querist) 09 January 2018
This query is : Open
HI experts ,
My wife file 125 crpc on me and till 1 years she did not turn for the dates , so we give the application to the judge of family court-1 to DD this case and the same was accepted and the case disposed after one month she again file 125crpc in the family court -2 and we got notice from the court ,,,
when we asked the lawyer he said yes she can do it ,,,,,
how is it possible ? As per my knowledge person can't file same case for the same person for the same reason which is mention in constitution of india ....and if it is possible then there is no end of this cases ...
Please experts guide me what i can do in this .
Vijay Raj Mahajan
(Expert) 10 January 2018
Two issues, firstly the previous maintenance case was not decided on merits but got dismissed on non-appearence of the petitioner. Secondly the second petition for maintenance can be filled on the basis of new facts and circumstances. Provision of section 125 Cr. P. C is to provide maintenance to wife who has no means to maintain herself and to avoid destitute condition for her.
If she has means to maintain herself and files case for using it as tool to trouble husband and making mockery of law than she will not be given any relief.
