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Spsingh   30 July 2017

Section 128

respected members, need urgent suggestions, kindly help

im a doctor married to a doctor in april 2104, considering her education as criteria. marriage happened in haste due to her mother reuest. post her marriage she started behaving differently and arrogantly to mentally torture me and started demanding 40 lacs for student visa in US, which i was not able to arrange as i work in charitable clinic with limited income. she left me within few weeks of marriage and filed case under section 125 crpc where she submitted fake document post argument on day of consideration which showed i have turnover of 1 crore. judge was misuided with view that husband files fake ITRs to hide their income and granted interim maintenance of 10000 to hr. post that since january 2015, till today they have not presented any witness or proceedings done, just adjournements. i fled revision in  session court where she admitted she wanted to go abroad and thereafter she never came to court though judge didnt proceed against her knowing the facts and also showing her ITRs which showed her income more than me as she is MBA in hospital management. now case has moved to High Court in 2016 which they are delaying on one account or the other while i had evidence now that she has been living in USA from 2015 may be with somebody else. in trial court she had refuse to submit copy of her passport when she visited india for 15 days for mediation proceeding. meanwhile she had filed the case under section 128 for execution of order, which im not able to pay as im already under debt due to cases against me and treamtent of my father, who due to their torutre suffered from blood cancer and expired on oct 2016. right now i have debt from private lender worth 15 lacs as well as to take care of my ailing mother and younger sibling. under no circumstances, i can pay 10000 + 5000 rental order, as my monthly income is only 20000. what will be proceedings in the court and what if i dont pay. i dont have any immovable property, but a car which i sold to someone on basis of affidavit, but propritorship is still on my name. kindly guide



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 8 Replies

Siddharth Srivastava (Advocate)     30 July 2017

In fact you require proper consultancy. In execution there is provision of attachment and sale of assets of judgement debtor and also civil imprisonment. If required consult with details.

Spsingh   31 July 2017

Sir kindly guide me as my financial position is weak and I cannot afford imprisonment as I'm the only bread winner and have to take care my ailing mother and sibkings

Ms.Usha Kapoor (CEO)     31 July 2017

iF  YOU SHOW HER SALARY SLIPS WHICH ARE GOING TO PROVE THAT HER SALARY IS MUCH MORE THAN YOU COURT MAYN'T AWARD MAINTENANCE  AT ALL TO HER AND WITHOUT REASONABLE CAUSE SHE HAS LEFT YO0UR COMPANY OR SOCIETY.IF YOU  PROVE THESE TWEO FACTS COURT MAY PASS ORDERS OF NOT  PAYING MAINTENANCE FROM YOUR END.At least prove that  she has left your society without reasonable cause. Her interim maintenance will be cancelled by the court.

Ms.Usha Kapoor (CEO)     31 July 2017

If you  appreciate above answer please click like buton.

Spsingh   31 July 2017

Ramesh Jim, my case is not as simple as in other couples where dispute arise out of simple misunderstanding. In my case it was well planned heist where girls mother is using her to extort money, during my bail application I showed the cctv footage as well her call recording where she accepted that she has brought all her belongings, as well as her past records and relationships with other males including her past engagement and brief marriage whom she left due to same reason(setting abroad) they hide these facts from us, still I pleaded in court that I'm ready Take her back, but she left court. Later her counsel in main case applied an application under section 900 to prevent my counsel from submitting evidence citing at initial stage accused cannot present any evidence and since then petitioner evidence is going on 17 adjournment with no witnesses. Secondly sir, 15lacs borrowed were from friends relatives and some from lender, with return as and when I can. But burden is on my head. Made me feel shame whenever I met them. Me and my father never begged for financial help whatever circumstances we faced but to save him I have to take such step, though I'm not able to save him

Spsingh   31 July 2017

Respected mam, I don't have her salary slip because of brief marriage period. She did not showed me anything from her past. I got her ITR copies from income tax depth. Which she filed 15days after Grant of interim maintenance. Session Court rejected them by saying why they were not submitted during trial proceedings, which was surprising as how can a judge be so dumb that how a document which was created in future can be submitted in past time. We both work in institutions run by gurdwara or mandir, and they don't pay salary slip but as per opd basis. And secondly they don't let me present any evidence, same judge for 125,128 and 127 filed by me for which they have not bothered to reply from last 15 months and always seek adjournment and when I oppose adjournment I was thrashed by opposing counsel in front of judge while judge kept laughing (my lawyer was not present in court). I complained regarding him to police they said go to bar counsel or court, nonetake  action

Spsingh   31 July 2017

Sir tell me where I shall contact you. I'm willing to call you or can send u mail in detail

Spsingh   01 August 2017

Usha mam, to prove that she is earning more than me I filed application application u/s127but they didn't bother to be reply from last 18months.in high Court also quashing appeal was filed since February 2016, for which dates were given ranging 3-6 months apart.,but no proceeding. Yesterday was also hearing but my turn didn't arrived and given adjournment for next date in November. I have all proofs with me, but trial court Judge don't want to listen to me and makes mockery of me,and threatens me to put me in jail if I don't keep on paying 


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