498a after crpc 125
Sumit Kumar
(Querist) 05 March 2015
This query is : Resolved
Hi i received maintenance case under section 125 crpc from my wife and court asked me to appear on 20th march, 2015.
(1) Do i need to be present in person on the 1st hearing or can my lawyer stand for me as i have a client meeting ?
(2) Can i file a time petition and extend the date as i need minimum 3-4 weeks to research and file a response ?
(3) In the petition nothing is mentioned about 498a however she has mentioned cruelty. Does this mean no 498a is filed in any police station ?
(4) Final question - can 498a be filed when 125 is in process ?
Thx. MGR
Devajyoti Barman
(Expert) 05 March 2015
1. You need not. Your lawyer is competent to do so.
2.yes, you can,
3. ay or may not be Filing of 498A case need not be mentioned in 125 petition.
4.Yes very much.
Dr J C Vashista
(Expert) 06 March 2015
1. I agree with the expert advise of Mr. Devajyoti Barman.
Yes to your question No 1, 2 and 4.
For question No 3 it may have been filed in CWC (Police) or direct in the court, both the options are available and either of them may be availed by wife.
2. Is it your own and a real story?
3. What do you mean by "mgr" i.e., the name of author adopted? Why do you wish to remain anonymous?
4. A time-pass query.
ajay sethi
(Expert) 06 March 2015
agree with Mr barman
Sumit Kumar
(Querist) 06 March 2015
To Mr Vashistha, please wake up this reality that i am stating . a very high maintenance demand is slapped on me giving false allegations of cruelty, torture and dowry. but i am yet to receive any summons on 498a, then what could be the purpose behind such false allegations in a maintenance.
Nadeem Qureshi
(Expert) 07 March 2015
(1) Do i need to be present in person on the 1st hearing or can my lawyer stand for me as i have a client meeting ?
Opinion: Your personal appearance is not mandatory, your lawyer may appear on behalf of you.
(2) Can i file a time petition and extend the date as i need minimum 3-4 weeks to research and file a response ?
Opinion: yes, it is possible.
(3) In the petition nothing is mentioned about 498a however she has mentioned cruelty. Does this mean no 498a is filed in any police station ?
Opinion: It may be possible, checked the status of complaint filed by your wife before CAW/Women Cell(if any)
(4) Final question - can 498a be filed when 125 is in process ?
Opinion: yes, it can be filed, there is no restriction.
