U/s 125 crpc
Querist :
Anonymous
(Querist) 26 November 2011
This query is : Resolved
A lady filed application u/s 125crpc agaist her husband in the year 2006,husband filed divorce which was dismissed,now husband assured him that he will pay specified amount for maintance & she has to withdraw hermaintance case,all PWs areover & RWs are started,if she will withdraw her case & later on her husband will not pay maintance can she again file this application u/s 125 crpc,two executions are also pending regarding this application,she need to withdraw same with petion of maintance.kindlly advise as early as possible
Khaleel Ahmed Mohammed
(Expert) 26 November 2011
Yes she can file again, if the husband failed to pay the required maintenance as promised.
Raj Kumar Makkad
(Expert) 26 November 2011
It is not a wise step to withdraw the petition on behalf of petitioner. Instead of withdrawal, a compromise statement from both sides may be got recorded the on the bases of statement of husband to grant a settled amount per month from the date of application, such withdrawal can be made. It shall serve the end of justice because if he after simple withdrawal denies to pay, wife shall not have any remedy except to file fresh application but past period shall not be included in the fresh application.
Rajeev Kumar
(Expert) 27 November 2011
Yes agree with makkad
Shonee Kapoor
(Expert) 28 November 2011
I agree with Makkad,
Let the matter be dismissed as compromised after recording the statement of both the parties.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
