Maintenance u/s 125
Gaurav
(Querist) 24 October 2014
This query is : Resolved
My sister had filed a case in a family court in Mumbai through a lawyer claiming for maintenance against her separated Husband.
And unknown to her, the lawyer claimed maintenance for her also in addition to maintenance for children, though she was working at that time. Later, her second lawyer filed her salary statements for the same period, making the facts contradictory to the original complaint.
And she never had or even now has any intention to claim maintenance for herself but only for the children.
The matter is for evidence next, how to go about it. Any suggestions would be highly appreciated !
Devajyoti Barman
(Expert) 25 October 2014
During her evidence she can speak the truth and the contraction occurred due to miscommunication. The court would appreciate her truthfulness.
Rajendra K Goyal
(Expert) 25 October 2014
She should reveal the truth before the court.
T. Kalaiselvan, Advocate
(Expert) 27 October 2014
The mistake has to be rectified at one stage, if she is really innocent, she may, at the time of her evidence should very categorically admit that it was her lawyer's mistake and her mistake was for not going through the same at the time of filing and admit to not to claim maintenance for her but only for her children. The court will be satisfied on her evidence affirmed on oath before the court.
