Quash of 125 & 498a
Sundram N
(Querist) 19 June 2013
This query is : Resolved
Dear Sir,
Kindly suggest that, chargesheet is filed by police which is against the FIR lodged by wife. Police found that the FIR lodged by wife is for extorting and blackmailing the husbnad.
Sir, kindly suggest that, maitenance case of 125 can be quashed by high court because the allegations on which maitenance demanded from family court is same as alegations made in 498a.
kindly suggest what to be taken care to stop the extortion money by way of 125 case ?
M.Sheik Mohammed Ali
(Expert) 19 June 2013
all married women having rights to claim maitenance from the husband, if you feel its huge, than you can proved your side your ability to provided maintenance amount. otherwise could not quash.
ajay sethi
(Expert) 19 June 2013
no question of quashing in 125 CR pc case . if your wife has claimed maintenacesatisfy the court that she is not entitled to any amount . fight case on merits
Rajeev Kumar
(Expert) 19 June 2013
There is no question of quashing the sec. 125 of cr.pc. Let us satisfy the court your wife is not entitled for maintenance hence her petition be dismissed and fight the case on merit.
Raj Kumar Makkad
(Expert) 19 June 2013
There is no relationship of 498A case with the right to maintenance of wife and her her filed for maintenance cannot be got quashed on that ground.
Rajendra K Goyal
(Expert) 20 June 2013
Agreed with the experts maintenance case can not be quashed due to the reason mentioned in your query. If sufficient grounds exist, the petition would be dismissed.
V R SHROFF
(Expert) 20 June 2013
cR P C 125 IS TO SAFEGUARD WOMEN & CHILDREN FROM STARVATION:
IT CANNOT BE STOPPED.
