(Querist) 26 June 2017
This query is : Resolved
Sir, 125 crpc case has decided in favor of my ex-wife (divorced) in spite of submission of so many documents as evidence and written arguments before the ADJ/family court-FTC court (lady judge). I had also submitted few case law/rulings along with written argument as below: 1. PETITIONER MUST CLAIM SHE IS UNABLE TO MAINTAIN HERSELF FOR RELIEF OF MAINTENANCE. Allahabad H.C. dated 25.03.1976. Manmohan Singh vs Smt Mahindra Kaur: B.N. Katju, J. (1976 Cri LJ 1664) (All) - 3. Under Section 125(1)(a), Cr., P. C. 1973 maintenance allowance cannot be granted to every wife who is neglected by her husband or whose husband refuses to maintain her but can only be granted to a wife who is unable to maintain herself. In Zubeda Bi v. Abdul Khader, (1978 (2) Kant LJ 143) : (1978 Cri LJ 1555) this Court also took a similar view, and held : "Where the wife claims maintenance under Section 125, she must positively aver in her petition that she is unable to maintain herself in addition to the facts that her husband has sufficient means to maintain her and that he has neglected to maintain her." 2. PETITIONER MUST CLAIM SHE IS UNABLE TO MAINTAIN HERSELF FOR RELIEF OF MAINTENANCE. Haunsabai v. Balakrishna, 1981 Crl. LJ 110
During the oral as well written argument these citation were not discussed with opposite party lawyer. But in the judgment, the Judge has itself given the citations on behalf of opposite party against my citations/ruling which i have quoted. On the basis of these citation (quoted by judge) the judge has decided the judgment in favor of opposite party and allowed the maintenance. The petitioner has not submitted any single documents/evidence for claiming the maintenance.
My quest. is that : is it possible any Judge can give/quote itself the citations/ruling on behalf of opposite party against my citations/ruling which i have quoted. It is un-digestible for me. Kindly advice/suggest.
(Expert) 27 June 2017
Yes, Judge is empowered to quote/give citations/rulings as to arrive Justice. please don't blame as "on behalf of opposite party". current statutes is that Husband is prove that, wife is capable of earning lot than him and capable of maintaining herself.
Rajendra K Goyal
(Expert) 27 June 2017
Judge can quote citation from his side in the interest of justice.
If not satisfied, discuss with your lawyer and challenge the findings / order.