Hi Ld. Experts,
(1.) Got Divorce decree passed on my favor on the grounds of Wife's cruelty. Court clearly mentioned that 498a, DV and 125 filed after my divorce case ..all are false and counter blast of my divorce litigation and wife’s desertion on her own is proved.
(2.) Wife appealed in High court with maintenance application u/s 24 HMA - both got dismissed by High Court at the stage of admission and hon’ble high court upheld lower court's decision and clearly mentioned that 498a, DV and 125 filed after my divorce case ..all are false and counter blast of my divorce litigation and wif'es desertion on her own is proved.
(3.) After 4 months of high courts decision's I (Husband) remarried and blessed with baby now.
(4.) Crpc 125 interim got dismissed recently citing wife' desertion, her highly qualification and divorce on cruelty.
(5.) 498a , DV and 125 crpc main - are on evidence stage...which could drag for 2-3 years more unncessarily.
Now, the question is:
(1.) Can I file a petition in High Court now for quashing the 498a, DV and 125 citing above mentioned facts and unnecessary frutile exercise and time waste of lower court on these cases when the issues have already been decided in favor of husband.
(2.) What will be the success rate in such situation of quashing?
(3.) Please provide if there are any judgment available where 498a, DV or 125 got quashed in similar conditions.
Thanks !
