RAHUL NAG _____ (a) 16 February 2013

498a discharged, shall 125 crpc be dismissed automatically?

V.V. URGENT

Need an urgent advice with judgements :

Wife filed 498A and 125 CRPC 15 years ago. Husband got discharged from 498A only when the two compromised and started living together. No application was filed for dismissing 125CRPC at that time.

So my question is -

1) Is that 125 CRPC still active or it has got dismissed automatically when the 498A case was over?

2) In general when any husband gets discharged from 498A ,does the allied 125CRPC case also automatically gets dismissed?

Please provide relevant judgements at the earliest for the above two questions sought for..

Thanks a lot

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4 Replies

shriks........... (healyhcare) 16 February 2013

u should have asked or filed for dismissal

anyways proving living together and maintaining her from filing of petition till date would ease the matters
remember cases or so called petitions are diffrent as section no. are diffrent citing diffrent allegations....

i hope experts would agree for the same......

rajiv_lodha (zz) 16 February 2013

Have they submitted any compromise MOU in any court? If yes what is the draft like? Meanwhile what does wife say about 125 case? If both of u r living happily ever after, then wife wil withdraw that application easily.

ANEESH TRIVEDI (ADVOCATE) (Advocate) 16 February 2013

when you get discharged by 498A and by what it is under sec crpc 239 or under sec 482 , i mean before framing of charge it get discharged if so then plese sent me the judgement copy as i have an urgency of it, i am very thankful to you.