Help in section 125 maintenance case
Alok
(Querist) 18 August 2017
This query is : Resolved
Hi, Pls advice. One of my known has filed a case under section 125 for maintenance from her husband. She has given evidence in court which was also crossed by the lawyer but the initial petition I hope was in the form of affidavit (it was on plain papers in para mentioning the reasons that her husband compelled her to leave him). Now after all witness and evidences the opponent lawyer has given some references of old cases where he has mentioned that in sec. 125 summon process of evidence is not followed and it should not be in the form of affidavit. Pls advice.
R.K Nanda
(Expert) 18 August 2017
normal petition must be filed in court with supporting affidavit.
R.K Nanda
(Expert) 18 August 2017
petition is never in the form of affidavit.
Alok
(Querist) 18 August 2017
It is not petition I am asking for. Pls clarify that what is to be done now as the opponent lawyer says summon not given while evidence hence case should be dismissed. Though the opponent lawyer himself took evidence and crossed.
Alok
(Querist) 19 August 2017
Hi, Pls advice. One of my known has filed a case under section 125 for maintenance from her husband. She has given evidence in court which was also crossed by the lawyer but the initial petition I hope was in the form of affidavit (it was on plain papers in para mentioning the reasons that her husband compelled her to leave him). Now after all witness and evidences the opponent lawyer has given some references of old cases where he has mentioned that in sec. 125 summon process of evidence is not followed and it should not be in the form of affidavit. Pls advice.
Pls clarify that what is to be done now as the opponent lawyer says summon not given while evidence hence case should be dismissed. Though the opponent lawyer himself took evidence and crossed.
