How do I get rid of CrPC 125?
Obtain decree from the competent civil court for the restitution of the conjugal rights or decree of divorce on ground of desertion or on ground of adultery. Her application will be rejected on this ground or if already maintenance has granted it will be cancelled under section 127 of the criminal procedure code.
How do I restore a dismissed case?
If the appeal is also dismissed, then a criminal writ petition can be filed before the concerned High Court under Article 227 of the Constitution of India. Most probably, the High Court is likely to allow the petition and would direct the restoration of the main case before the Trial Court.
Is CrPC 125 a criminal case?
2525. 2(C) Nature of proceeding u/s 125 Cr PC is civil :The jurisdiction of magistrate under chapter IX Cr PC is not strictly a criminal jurisdiction.
Which court has jurisdiction under 125 of CrPC?
against orders passed in Section 125, Cr. P.C. proceedings by the Magistrate or Sessions Court as the case may be are heard and disposed of by a Single Judge of this Court though the jurisdiction exercised is one and the same.
On what grounds maintenance can be rejected?
Now if there is an agreement that both spouses are living seperately and will not claim maintainance then this can be a ground to deny maintainence. The second ground on which she would not be entitled to Maintenance Allowance is the ground of her refusal to live with her husband without any sufficient reason.
What is the meaning of case dismissed?
When a judge dismisses a case against someone, he or she formally states that there is no need for a trial, usually because there is not enough evidence for the case to continue.
What does dismissed for want of prosecution mean?
A case may be dismissed for want of prosecution (DWOP)on failure of any party seeking affirmative relief to appear for any hearing or trial, or failing to take certain specified actions of which the party had notice. It is also referred to as a judgment of non-prosecution.
Can wife claim maintenance without divorce under section 125 of CrPC?
Maintenance can be claimed by the wife under Section 125, Cr. Not separated by mutual consent-When both spouse mutually agrees to live separately and have not divorced then the wife cannot claim maintenance from her spouse since she had agreed to stay separately from him and he did not desert her.
Who is not entitled to get maintenance under 125 CrPC?
Application Dismissed. 125 CRPC Maintenance Denied 04.07.2019- Madhya Pradesh High Court held that the Wife is not entitled to get any maintenance amount, as she is residing separately on her own will. The application filed by the wife under Section 125 Cr.P.C. for grant of maintenance is hereby dismissed.
Which is the amendment of Section 125 of CrPC?
Amendment of Section 125.– In sub-section (1) of section 125 of the Principal Act, for the words “five hundred rupees” the words “three thousand rupees” shall be substituted. [Vide Madhya Pradesh Act, 10 of 1998, s. 3.]
Why did the trial court dismiss the maintenance application?
By the impugned judgment, the trial court dismissed the application for maintenance on petitioner’s failure to show that she had sufficient cause to live separately.
Who is not entitled to maintenance under Section 125?
The High Court referred to Section 125 (4)which states that wife is not entitled to receive maintenance is not entitled to receive maintenance if without any sufficient reason she refuses to live with her husband. Relying on Rohtash Singh v.