125 crpc victim-required advise urgently
Want to Live
(Querist) 11 July 2012
This query is : Resolved
I am a victim of false 498A,406 & 125crpc.
Family court gurgaon has passed an order of paying Rs 8000 per month to my wife (8000*13=Rs108000).
my wife has not provided any documentry proof of my income. stated I am earning 25000 per month that is not true.
whereas my last salary was 13,800 only.
I have approached High court, i have produced my appointment letter & other details of my employer, still my cases was not stayed but only a notice was sent to my wife for appearing on 26-july-12
Conditional warrant of arrest have been issued against me from family court, without issuing any notice to me.
I have to appear in family court on 14-Jul-12 & I have to pay a sum of 108000 other wise i have to face imprisonment.
I have never denied to take her back home, RCR proceeding is going on in delhi court.
whereas she is not ready to come back at any cost. only asking for a huge amount of money for one time settlement.
My humble request you to please suggest me my next course of action.
please note that I am not working right now.
really on a verge of suicide after highcourt judgement yesterday.
ajay sethi
(Expert) 11 July 2012
as on date the order passed By magaistrate stands . the mistake you made was not producing necessary evidence before magaistrate . pay the amount of Rs 1,08 ,000 beofre 14th July 2012
the order of maitenance may be modifed by high court after considering your appointment letter .
Want to Live
(Querist) 11 July 2012
Thanks for your reply Sir,
Can I request the magaistrate to pay this amount in 2 or 3 installments.
Devajyoti Barman
(Expert) 11 July 2012
Yes you can apply for making payments in installments.
Want to Live
(Querist) 11 July 2012
Sir I was ask to resign from my last employer on performance basis.(having resination & releiving letter copy).
Appointment letter as salary.
Do highcourt consider these documents & give me some relief in paying maintaince in future.
R.K Nanda
(Expert) 11 July 2012
Yes, high court will consider these documents and you must file them in HC.
You can pray to Magistrate to pay said amount in EMIS.
ajay sethi
(Expert) 11 July 2012
yes high court will consider all evidence filed by you .
Nadeem Qureshi
(Expert) 12 July 2012
Dear Sunil
your first mistake was, go to the HC, you should filed an application before the trial court that you want to live with her and unable to pay the entire amount, you can approach to family court for E Mi's if the family court reject your application you can file a revision before the court.
Feel free to call
Want to Live
(Querist) 12 July 2012
Thanks to all of you.
I got some negative feedback of the Magistrate family court from my lawyer...that he can only accept full payments in these cases...no EMI's.
my next date of hearing in HC-Chandigarh is 26th jul-12. what are the points which needs to be taken care of. as I am seriously unable to pay 8000 per month in future. I am only a graduate whereas my wife is graduate & having one professional degree as well.
ajay sethi
(Expert) 12 July 2012
you must have already engaged a lawyer . he must have gone through the case papers . go by his advise . take a demand draft of amount you are in position to pay . your lawyer will inform court of case filed in HC . seeek time for making balance payments
Want to Live
(Querist) 16 July 2012
My lawyer appeared in the court on my behalf on 14th-Jul-12 & paid 20,000 out of 104000. family court has cancelled my conditional warrants & given 8th Aug-12 as next date.
Can I contest the execution order of 125crpc in the same court.
My Revision petetion is pending in the high court.
Sanjeev Dudhat
(Expert) 16 July 2012
You will have to pay substantial amount in family court and seek time to pay rest of the money. In high court you will have to take a stand that your income was not quantified properly despite of you having produced your salary certificate. In the above circumstances, the High Court most likely may quash the maintenance order of the family court and remand this matter back to family court to decide on the quantum of maintenance on de-novo considerations to be agitated in family court, upon your submission of your termination letter and present financial or income status .
You can contest 125crpc in same court.
You may prefer an application of reducing your maintenance allowance on the grounds of changed circumstances.
