eswar kumar (des) 08 December 2014

Crpc 125 dismissed. reopen the same case

My wife filed crpc 125 maintenance case against me last year.when the case was in cross examination stage, she didn't to attend the court. she was skipped 3 dates and her lawyer not filed petition for her. I don't know the reasons behind that. so, the Hon'ble Megistrate dismissed the case as UnCONTESTED recently.

1. can she open the same case against me in same court? or any other court( imean in District court, High court e.t.c).?

2. If she file same case against me, Is it maintainable? How to fight with this? Thank you very much!!!!.

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4 Replies

ROHIT SHARMA (Legal Advisor ) 08 December 2014

1. She will not be entitled to reopen the case or make an appeal as she herself has defaulted by not attending the court proceedings.

AS 11 December 2014

Can i have update on this .

If the said case id re-opened or not ?

eswar kumar (des) 12 December 2014

Hi AS,

Still she didn't re open the case. I am not understanding there strategy. But DVC and 498a are going as usual.

N R Dash.. (Advocate) 19 December 2014

Eswar,

Do you want them to re-open the case??? Just chill that one of your litigation is over. If any false affidavit filed in maintenance case, you may use that against her in 498a & DV.