Dear Sir,
Kindly advise if the Family Court Judge (ADJ) has powers to recall or review his order disposing of CrPc 125 application.
CrPc 125 was disposed of based on mutual settlement without any fear, pressure or coercion as both the parties agreed to live together.
CrPc 125 was withdrawn by wife and Guardianship and 340 CrPc application was withdrawn by husband. There was one liner settlement and one liner order by the Magistrate that both the parties have mutually settled the matter and have decided to live together. All the criminal or civil cases will be withdrawn/quashed by both the parties.
But later on wife backed out from the above and refused to come along the husband on the date agreed in the Court. Later on she moved an application (Miscellaneous) in the same court for reopening of the original CrPc 125. Notice received by me and I appeared in the Court. Judge asked me to file reply to that notice (which has false allegations which I will counter).
I found CrPc 362 and one Judgement (Andhra High Court
C. Subramanyam vs C. Sumathi And Anr. on 17 October, 2003
Equivalent citations: 2003 (2) ALD Cri 905, I (2004) DMC 456) which says that same Judge cannot reopen the disposed case.
Here is the link to Judgement https://indiankanoon.org/doc/1415806/
So my query here sir is to take your expert advice that whether the same magistrate has powers to reopen the case on such Misc application.
And in this case what should I reply to the notice I have received.
Many thanks in advance
Hari
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