125 Cr.P.C Summons
Querist :
Anonymous
(Querist) 29 May 2010
This query is : Resolved
Dear Experts I had received Summons U/S 125 Cr.P.C , My Case Details is I had Filed Divorce u/s 13 Desertion of 6.5 yrs in the Family Court in Nov 2009 and punctually She is attending the Case, Now 28/05/2010 she had Filed 125 Cr.P.C against me at her home town which is 40 kms from Family Court in such circumstances, my questions are:
1.What should be my action, what happens in the case u/s 125 during first hearing can i be allowed to defend in person and provide me other positive suggestions as i am ok to give maintenance if it is reasonable to wind the case 125 Cr.P.C at the earliest?
2.Why is that she opted for home town when she is attending the Family Court Divorce Petition?
Querist :
Anonymous
(Querist) 29 May 2010
Awaiting some Suggestions from Experts!
Adv Archana Deshmukh
(Expert) 29 May 2010
You'll have to file reply/say/ws to her application. You can defend yourself in person.
The case u/s.125 can be filed where the woman is residing.
Querist :
Anonymous
(Querist) 29 May 2010
Madam what is WS? can you provide rough Text points which i can facilitate me to submit as reply in person.
As of now i did not receive the Main petition thus the contents are not known only Summons are served!
Querist :
Anonymous
(Querist) 29 May 2010
Madam one more point i would like to know is that:
Que1.If i don`t attend the case does the case be decided ex-parte?
Que2.In such a case will the amount be reasonable if ex-parte amount is reasonable in such a context i would skip the case pay what ever court say?
adv. rajeev ( rajoo )
(Expert) 29 May 2010
If you didn't appear in the case you will be placed as an ex-parte and orders will be passed after the evidence of the petitioner.
Guest
(Expert) 30 May 2010
You are really a very good and decent person Mr. Anonymous. After 6.5 years desertion only, you filed the divorce petition. You are also one of the rare indian husbands, who says that the amount is reasonable, you are willing to pay maintenance. Now reply to your querries:
1. She filed S.125 in the court which is 40 kms. away from the family court, because, she wants to harass you. Nothing more than than. She could have got the same relief in the divorce petition also.
2. You have to attend the S.125 case and receive the copy of the petition and see in the prayer clause that how much money she is seeking. If it is reasonable according to you, immediately you say to the magistrate that you are willing to pay that much amount. Other wise simply receive the copy of the petition and the judge will give some other date and come back to home and engage an advocate to fight the case. If you have definite amount in your mind, you instruct your advocate and he would put that word before magistrate so that the magistrate may take certain steps so that the matter be closed at the earliest as you desired.
