Dear All,
Wife is cross examined in 498A case and the wife made admissions in 498A case by saying the below:
- Wife left husband in 2008 and since then wife declared as unmarried everywhere since 2008.
- Wife and other accused of 498A case (husband, FIL and MIL and sister of husband and other relatives of husband) were present in the matrimonial home between 01st MAY to 22nd MAY under the same roof.
- The husband never left the wife alone in matrimonial home and wife and others were toegther in matrimonial home between 01st MAY to 22nd MAY.
- Wife informed to many people by saying that wife was carrying 3 months old pregnant.
- Wife was speaking to the parents and friends using the phone during the time wife was with the husband in the matrimonila home
Whereas in the CrPC-125 maintenacne case the wife said (through evidence affidavit) as below:
- Wife was ONE month pregnancy whereas the husband publicized to the people by saying that wife was carrying 3 months pregnant.
- Husband use to leave the wife ALONE in matrimoniual home many times in MAY, includes one time 3 days and one time 7 days and one time 4 days, without food and money to the wife.
- Wife was never allowed to speak with with anybody on phone and also the wife was not allowed to speak with even parents.
The above admissions (through evidence) proves that the allegations in CrPC-125 case are already proved FALSE.
Question: Is there any application/petition that can be filed before the Family Court in case of CrPC-125 case to DISMISS the maintenacne case immediately considering the admission of the WIFE.