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Can husband contest the case if wife withdraws the complaints, advise


28-Jan-2023 (In Criminal Law)
M Hindu by faith, wife file complaint in 2013, in section 125 for maintainance in family court and dv act in mm court yet not any interim passed only WS, rejoinder filed no evidence done, 25 Jan 17 she withdrawal her complaints uncontestedly? Which I know after 2 days on date of hearing. 1. But I want to contest it is it possible if yes which section applies? 2. Can I file revision, review, perjury, defamation, harassment cases and under which sections? 3. Can I file perjury in one court together, if there is no boundation to file separately in same family and mm court
Answers (5)

Answer #1
961 votes
yes you can file many cases against his wife, like defamation, perjury, mental harassment as well as divorce, if you require any other information then you tell me about the facts of the case and you can contact me for further assistance.
Answer #2
920 votes
No, you can not contest the case filed by your wife as the aggrived person has already withdrwan the same but yes you can file separate complaint and contest the same. You can also also file divorce on the ground of false representation/ allegations before the court
Answer #3
766 votes
Hello,
Yes you can file a fresh apeal always and you can apeal to higher court too but in that case we need to understand your documents throughly, the last judgement and the whole scenario of your case.
Regards,
Jayatee Chatterjee
Solicitor/ Advocate
Answer #4
748 votes
You can do various things under the law but for that you need to consult. Since she was the petitioner, she had all the rights to herself to withdraw. If you want a legal action then you need to work with a good advocate who can amalgate all your issues.
Answer #5
766 votes
Can husband contest the case if wife withdraws the complaints, advise
REPLY:
No. not in 125 Cr.P.C. or revision, review.
May find another legal remedies.
There are some advise, can't give in such easy way.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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