Appointment of advocate commissioner in maintenance case

Querist : Anonymous (Querist) 14 March 2024 This query is : Resolved
husband getting rents 3lakhs above, wife wants to prove it, to get maintenance
is it maintainable to file petitioner u/o 39 rule 7

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This discussion clarifies whether an advocate commissioner can be appointed in a maintenance case to prove the husband's income. Generally, you cannot use civil procedures like appointing a commissioner in a criminal maintenance case under Section 125 Cr.P.C. You will need to gather evidence of your husband's income yourself or through your own sources to present to the court.

kavksatyanarayana (Expert) 14 March 2024
Whether the husband has property or not, you can file a maintenance petition in a court of law.

T. Kalaiselvan, Advocate (Expert) 14 March 2024
Have you filed a maintenance petition under section 125 cr.p.c., if yes, then you cannot invoke civil laws into this criminal law.
If you have details about it then you can file an affidavit based on the documentary evidences or you may have to procure the information through your own sources, court will not entertain any non maintainable petition

Advocate Bhartesh goyal (Expert) 15 March 2024
Provisions of C.P.C can not not be applied in criminal cases moreover commissioner can not be appointed to collect evidence. You, yourself have to submit proofs regarding your husband's income.

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