Deliberately extending evidence in crpc 125
vallabh_raut
(Querist) 26 May 2018
This query is : Resolved
Hello Experts,
We (brother,father, sisters and me) are fighting DV filed by brother's wife. She has also filed 125 on my brother. The CrPC 125 case is in evidence stage. Her cross is over. She has asked the court to send summons to the Talathi of our native place claiming we have ancestral property there ( as he (allegedly) refused to give her 7/12 records ). This is just to extend the evidence. She has already produced the 7/12 records in the DV case an year before. Now, can we ask the CrPC 125 court to accept the 7/12 records she has produced in the DV case so that time gets saved?
Guest
(Expert) 26 May 2018
Concern of 7/12 record with the section 125 case is not understood, while the maintenance depends upon the regular earnings of a person?
By the way, what your own lawyer has done in that respect, if not objected.
Guest
(Expert) 26 May 2018
Besides my above questions, I can very well say, if your own lawyer is lethargic, nobody else can help you on the issue.
vallabh_raut
(Querist) 26 May 2018
Thank you, Dhingraji. She has mentioned in her affidavit that we have Rs 1000000/- ( rupees ten lacs) annual income from our ancestral land. Our lawyer has objected it by saying 7/12 record is a public document , hence her application should not be entertained, but court has allowed her application to call the Talathi in court.
SHIRISH PAWAR, 7738990900
(Expert) 26 May 2018
In my view court has rightly allowed their application. You can fight out your case on merits.
vallabh_raut
(Querist) 27 May 2018
Shirishji, allowing her application is ok. But my query is : can't we ask the 125 court that there is no need to send summons to the talathi as the 7/12 record is already produced in the DV case?
vallabh_raut
(Querist) 27 May 2018
Shirishji, allowing her application is ok. But my query is : can't we ask the 125 court that there is no need to send summons to the talathi as the 7/12 record is already produced in the DV case?
