Divorce- 125Cr PC
Querist :
Anonymous
(Querist) 28 July 2011
This query is : Resolved
Sir,
I filed divorce case in may, 2009 and my wife filed RCR case in Feb,2011 in the same court when i have filed affadavit for divorce case. Regularly she is attending these case in the court.
Earlier she filed maintenance case under 125 Cr PC on august, 2010 at court (JM rank) where she had worked (250 km away from place of divorce case filed). From Dec, 2010, she is not attending the case in the court to till date. She is transferred to other Place. On April, 2011, I filed counter petition for maintenance case in the court. Only her advocate attended in the court.
Please give your valuable suggestions for following questions:
Shall I ask dismissal of the maintenance case in the court? or shall I go to high court to dismiss the case due to non appearence of the petitioner?
If they dismiss the case, is it positive sign for divorce case for me or not?
In future, is it possible she may file fresh petition (case) by asking huge monthly maintenance in any court of any where in india, if so, her fresh (new) petition will be more valued in the court or not?
Please give your elaborate suggestions or any copy judgement in the regards.
Please sirs.
Devajyoti Barman
(Expert) 28 July 2011
1. She need not be present. If she is duly represented through her lawyer then the case would not be dismissed.
2.No impact on the divorce case.
3.Yes but only of the case u/s 125 crpc gets dismissed for default.
M/s. Y-not legal services
(Expert) 30 July 2011
If you have merits mean you may file a quash petition before high court for quash the maintenance case.
M/s. Y-not legal services
(Expert) 30 July 2011
If the maintenance case got dismissal mean its not any merits for your divorce case
M/s. Y-not legal services
(Expert) 30 July 2011
In future she can file fresh maintenance case, if its necessary. You can't stop it.
