Regarding maintenance under crpc 125
INDIA
(Querist) 28 May 2015
This query is : Resolved
Sir,
Maintenance petition was filed on me u/s 125 CrPC by my wife after filing false 498A Case
Without any enquiry, the IO filed Charge-sheet. So, I filed RTI before SP to provide me the evidences collected while Investigating the case by IO. Also, it wsa mentioned by the petitioner that I came and bet on one day (time not mentioned) and the IO simply copied the same. But I was on duty and filed DUTY ATTENDANCE CERTIFICATE. Till today 498A case had not been started but disposed Maintenance Case Ordering Rs.8,000/- per month (No Children). In petition and also in Order passed by Magistrate, it is mentioned that I'm having agricultural land, Big House and also getting rents and my salary in 2012 year is Rs.40,000/- (No Documents of evidence were provided). In fact I'm having no properties and even not that salary. But Magistrate mentioned clearly in his Order just supporting her.
How to move forward in this situation??
Please help me with proper guidance..
I'll be thankful to U
Devajyoti Barman
(Expert) 28 May 2015
Challenge the order in sessions or high court Without seeing the order grounds for revision can not be mentioned.
INDIA
(Querist) 28 May 2015
Thank U Sir,
INDIA
(Querist) 28 May 2015
I filed Counter at District Court and it transferred the case to Sub-Court and still trials had not started yet and also STAY ORDER is not granted yet.
Within this time, the petitioner filed petition under 125(3) CrPC
Shall I file counter for 125(3) also or not.
My advocate being local at their native place, not suggesting me any thing and just I'm going, attending the case and returning.
Kindly advice me...
Devajyoti Barman
(Expert) 28 May 2015
Since stay is not granted , you have to pay the maintenance till final order in revision case comes.
T. Kalaiselvan, Advocate
(Expert) 05 June 2015
If you are not comfortable with your advocate, do not spoil your future due to his lethargy. The maintenance cannot be granted without going through the veracity of the claim,hence engage a skillful advocate in the revision matter.
