can I challenge 125 crpc in high court if filed for 3rd time
as in my case earlier 125 case was withdrawn by wife on a compromise letter
but she never lived with me after this
later after 2 years she filed 125(3) which was simply dismissed by lower court as there is no order from court that I should pay maintenance as earlier 125 was already withdrawn
now again she filed a fresh 125
so can I go for challenge this in high court
if yes what basis ie she is intentionally filing multiple litigation without any base
and she in her own will staying with her parents as earlier compromise states that she will withdraw all litigation including 498 but she never withdrew and never joined me
instead filing frivolous allegations
Section 125 of Chapter IX of Code of Criminal Procedure (CrPC) deals with "Orders for Maintenance of Wives, Children and Parents"
Now as per the situation illustrated by you above, You may challenge it in the High Court if your wife continues to file the case.
The reason for challenging it in HC will be that Your wife is trying to mentally harass you and waste the time of both parties and the court itself, by filing the same case again and again. You may also inform the court about the Reason for which the same case was dismissed by a lower court when she filled the case for the 2nd time.
