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Appeal in high court lucknow

(Querist) 24 June 2017 This query is : Resolved 
Sir,
125 crpc case has decided in favor of my ex-wife (divorced) in spite of submission of so many documents as evidence and written arguments before the ADJ/family court-FTC court (lady judge). I had also submitted few case law/rulings along with written argument as below:
1. PETITIONER MUST CLAIM SHE IS UNABLE TO MAINTAIN HERSELF FOR RELIEF OF MAINTENANCE.
Allahabad H.C. dated 25.03.1976. Manmohan Singh vs Smt Mahindra Kaur: B.N. Katju, J. (1976 Cri LJ 1664) (All) - 3. Under Section 125(1)(a), Cr., P. C. 1973 maintenance allowance cannot be granted to every wife who is neglected by her husband or whose husband refuses to maintain her but can only be granted to a wife who is unable to maintain herself.

In Zubeda Bi v. Abdul Khader, (1978 (2) Kant LJ 143) : (1978 Cri LJ 1555) this Court also took a similar view, and held : "Where the wife claims maintenance under Section 125, she must positively aver in her petition that she is unable to maintain herself in addition to the facts that her husband has sufficient means to maintain her and that he has neglected to maintain her."

2. PETITIONER MUST CLAIM SHE IS UNABLE TO MAINTAIN HERSELF FOR RELIEF OF MAINTENANCE. Haunsabai v. Balakrishna, 1981 Crl. LJ 110
During the oral as well written argument these citation were not discussed with opposite party lawyer. But in the judgment, the Judge has itself given the citations on behalf of opposite party against my citations/ruling which i have quoted. On the basis of these citation (quoted by judge) the judge has decided the judgment in favor of opposite party and allowed the maintenance.
The petitioner has not submitted any single documents/evidence for claiming the maintenance.

My quest. is that : is it possible any Judge can give/quote itself the citations/ruling on behalf of opposite party against my citations/ruling which i have quoted.

It is un-digestible for me. Kindly advice/suggest.




Kumar Doab (Expert) 24 June 2017
If you wish you may search in LCI databank at:

http://www.lawyersclubindia.com/lawyers_search/

You can also inquire locally about a very able local senior counsel of unshakable repute and integrity specializing in Family matters for a considered opinion.
Dr J C Vashista (Expert) 25 June 2017
How can Family Court try or adjudicate a complaint case u/s 138 of the Negotiable Instruments Act, 1881?
Even the Principal/Additional Principal Judge of a Family Court has no appellate jurisdiction, if it may be presumed that you have filed an appeal.
False and fabricated story.
Rajendra K Goyal (Expert) 27 June 2017
In the interest of justice, Judge can quote citation not quoted by any party.
Kumar Doab (Expert) 27 June 2017
Subsequent to the posts in the thread you may discuss with local counsel.


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