Fighting for a cause (Defending court cases ) 25 October 2011

Victim of 125 crpc

Hi,

Diwali greetings to all of you.

I am defending a case of 125. The women in her evidence has said "that I am lying that I have left my job, I have kicked her out of my house (Maar Pit Kar Nikal Diya), I have never sent any money to her after she left. I refused to pay the school fee of my six year old daughter, my daughter is now seven +.In the year 2008 my husband salary was 14000/-. I have threat to my life from my husband. I am jobless though I am educated".

Facts from my side.

Love marriage in oct 1996. Not a single person from girl side or boy side was present in the marriage. I am BSc and she is MA BEd. Pay in slip for amount transferred to her account is available, school fee receipt are with me, video recording from my mobile when she left for her native place on 27th Sep 2010 is with me as I went to see her off and she travelled in 2nd AC. Experience letter from my company after leaving the job available. She is presently teaching in a public school.

She has not mentioned in this case that earlier in april 2009 she has filed a case for Divorce and under oath her evidence read (Main apni swecchha se talaq le rahin hoon aur meri daughter ki palan poshan ki zimmedari meri hogi), however this divorce petition was rejected and I brought her back without any condition on 21st Aug 2009.

Now my question is that the burden of proof for her job, bank transfer, and her leaving my home in a cordial environment is on me. Will my job experience letter can be accepted as a proof. How to get her bank statement, proof that she is working and how and on what stage these are to be produced in court. She has given her evidence, her cross examination and my evidence are not yet done.

Now my learned members please guide me as I am quite sensitive and feeling the heat more than any other person in the same situation. Job lost, 15 years of efforts lost, health is taking a toll, affection of my most prized possession- my sweet daughter lost.

regards,

Aftab

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24 Replies

(Guest)

I am in a similar situtation and fighting the case myself a false DV case has been filed . She has asked for maintanence for the child under the DV act . Under Section 21 of PWDVA i have put a application for Visitation / Interim child custody . She has lied under affidavit to court that i have not sent money etc Blah Blah . My cross is not over as yet and its almost a year . I have given my written argument . I have sumbitted a list of documents where in i have proved that money has been sent etc along with a lot of proofs like bank statment deposits etc . Now on my next date i will be moving my application of u/s 191,u/s 195 of IPC that is giving false evidence under oath Read with 340,250,357 of Cr.pc claiming compensation even though cross examination is not over .lets see if they accept it at this stage or not or the judge tells me to wait for the final argument and than sumbit it .

As for you go in for Gauradians and wards act sec 12 and 17 . At this stage you can at least get visitation rights for your daughter .stay calm and cool .Dont get depressed .Believe in yourself and take a positive approach and you will win .

1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 25 October 2011

Repeated query, already replied elsewhere.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

SHAILENDRA SRIVASTAVA (MANAGING PARTNER) 25 October 2011

THE THING WHICH BOTH OF YOU ARE NEEDED IS A GOOD LAWYER, BECAUSE AT PER MY UNDERSTANDING YOUR CASES ARE NOT DEALT WITH GOOD INTENTION BY YOUR LAWYERS. BETTER YOU SOUGHT THE OTHER OPTION AVAILABLE TO YOU.

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(Guest)

Prima facie from what you have mentioned you withdraw your allegations of adultery against her [ This is the standard mudsling match Wife says Maar Peet Ke Bhaga Diya, Husband says that she is an adulterous].Whateever allegations just move the Court for restitution of Conjugal Rights. That'll fix her. Good luck.

1 Like

Fighting for a cause (Defending court cases ) 26 October 2011

Thanks,

I will consult my lawyer to file an application for child visitation in the same 125 case or file a separate custody case under GW Act. My daughter is seven year old now. It has been more than one year since I have seen her or spoken to her. Meanwhile if you can suggest any important point to be included in my child custody case.

regards.

(Guest)

Move GW Act under section 9.

(Guest)

If not divorced yet don't forget to move the court for restitution of Conjugal Rights. It'll knock the hell ou of her. But before you do that YOU MUST WITHDRAW YOUR ALLEGATIONS and tell the court that "You love her most madly". Give her sweet poison.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 26 October 2011

I diagree don't fil for Restitution, it is a useless remedy not fit for present times.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Fighting for a cause (Defending court cases ) 26 October 2011

What I have understood from the forums is that RCR is not a remedy nowdays, because it is the girl who is believed to be telling the truth about her harrasment and if she refuses to come back all ur RCR decree is useless and that RCR is not binding on her and still you have to maintain her. One can get divorce on these grounds.

(Guest)

@Aftab: In any case he'll be maintaining her u/s 125. Let her know the consequences of the "sacramental" Hindu Marriage. How do you guys treat a divorced woman? She's known as a divorcee and easy.