Rajender (law consultant) 28 August 2012

125 order

Dear All I thankyou very Much for Yours timely information and help in my Matrimonial dispute in court.In 125 Judge dismissed My wife s Petition on 28 May12. She conceal the fact of her working and I placed all evidence of her Working on records.During this case in Interim Maintaienence I gave her Rs 1.70 lacs till the order of dismissal of her Petetion come on 28. May.My Queries are-

1- Can She Challange this Order in High Court and upto what Period she can challenge this.

2- Since her Petition of 125 Dismissed completely can i go for recovery of 1.70 lacs which i gave her as Interim Maintenence.

3-I also filed 340 against her and she received the notice also but did not submit the reply to court what will happen if she continue to be abscent in 340 case .Already after receiving notice 60 days over.

4- I withdrawl divorce case which was transfered from supremcourt to her native Place court on her words that she will now ready to live with me on the condition of withdrawing the divorce case.

She refuses after my withdrawl of Divorce Case .

Can I file again Divorce case against her at my Home Place.

Please give your Valuable suggetions to help me to act rightly.

Thanks

Rajender

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2 Replies

rahul (director) 28 August 2012

She can file appeal in HC in 90 days.

but as you said she canceal the facts from court// i dont think she will win the case and if she have good advoisor... she will not prefer to go to HC.

you can surely ask the court to pass the order for refund the 1.70Lac paid

on what order you paid till now 1.70lac

I guess// in interim order must be written "without prejudice rights and contentions of the parties"

this is mean. she will redund the paid money.

about 340CrPC

if she recd the notice and didnt replying. then court pass exparty order.. and send the matter to magistrate and process criminal proceeding againt ur wife for lieing under oath which atract 3 month jail.

Rajender (law consultant) 28 August 2012

At the time of Interim maintenence Order I could not provide her working details .I Paid 1.70 lacs on Interim Order.I also want to know weather can I file Divorce again from my Home town.Because when my Divorce case was transfered from my Home Place to her Home Place court by Suprem court .I withdrew the case on her assurance for resart our marriage life .Now I again want to file divorce case can I file from My home town court.

Or Suggest me how to Proceed further so that in short time I start my New life.