Crpc 125 petition - technicality
Guest
(Querist) 11 August 2013
This query is : Resolved
is it must for wife to write in the CrPC 125 petition the exact words "unable to maintain" herself ? or writing no income and financial hardship is good enough?
R.K Nanda
(Expert) 11 August 2013
do not become lawyer, instead take help of lawyer and he will write whatever is legally
needed.
Guest
(Querist) 11 August 2013
respected expert, i wrote the query to get suggestion from panel of expert lawyers available through this forum. if answering this query is beyond the purpose of this forum, i regret posting the query
Shantilal Pandya
(Expert) 11 August 2013
yes both or any one will serve the purpose
Raj Kumar Makkad
(Expert) 12 August 2013
There is no legal problem if the words 'unable to maintain' is not specifically mentioned but the substituted words as you mentioned are used.
Dr J C Vashista
(Expert) 13 August 2013
Either of the words serve same purpose, subject to evidence
V R SHROFF
(Expert) 11 September 2013
One Wife said to judge" It is very difficult to meet expenses with so small amount. So want more mtn>
Judge said" Even for me my salary is not more and It is very difficult for me to to meet my expenses with so small pay. : Application to enhance Mtn REJECTED.
Another wife said to Judge" The amt paid is not sufficient for me and my child to survive, we are starving, deprived of school, books and medicine"
Judges ALLOWED THE ENHANCEMENT OF mTN aPPLICATION.
The fact is, second person already receiving 5 times more mtn than First one !!!SO CHOICE OF WORDS ARE IMPORTANT, iT CHANGES MEANING..
ONE MORE EXAMPLE: A Real Fact:
A Lady asking Visa for her 2 year baby daughter
She Told UK Consulate: Soir, I am resdiing with parents at London. I remember my daughter and missing her, how can mother be separated , So allow VISA for my daughter. Order: REJECTED.
REASON: MOTHER CAN STAY WITH HER DAUGHTER IN INDIA.
Next time after a year, she again applied for visa for her daughter.
She said : Sir, The Small child is crying for mother, and can not live without her mother, so allow her to join her mother at London:
Order: Allowed..
WORDING CHANGES THE MEANING AND JUDGEMENT...
Of course in Wife & child Mtn case, it is the fact that counts more than wording.
Rajendra K Goyal
(Expert) 12 September 2013
Well explained by the expert V R SHROFF ji. Word changes the meaning and judgement.....
V R SHROFF
(Expert) 12 September 2013
Rajendra, Thanks for appreciation.
We some Expert Advocate go beyond our Duty , to help Querist, Try to improve Society and morality
AND Few Advocate Expert [Rather Majority] Try to suggest illegal, immoral criminal acts, and help criminals for their money oriented practice, increases crime, spoil society for their greed of money.
Such Money crazy Lawyers comes here in LCI to advertise " ALL MY LEGAL SERVICES / LEGAL ADVISE ARE PAID ONES"
and also suggest "do not become lawyer, instead take help of lawyer," so that they earn..
Mahatma Gandhi was also Lawyer!
And Ram Jethmalani is also Lawyer!!
And Gokhale too!
What is wrong , if we teach morality, help needy querist, and guide them on true path of life!
Why disappoint Querist who commented earlier for unhappy reply.. Especially to needy Querist, who desperately ask help thru a Query.
Guest
(Querist) 12 September 2013
Thanks V R Shroff ji
R.K Nanda
(Expert) 12 September 2013
take help of competent lawyer so that no legal point is left and u do not suffer afterwards.
V R SHROFF
(Expert) 12 September 2013
Boondock,
Thanks for appreciating.
Do not get discouraged by few money minded experts here who wrote anything,
You wrote "if answering this query is beyond the purpose of this forum, i regret posting the query"
We majority of Old Experienced LCI Experts WILL CERTAINLY HELP NEEDY, AND SHOW THEM THE RIGHT PATH OF LIFE.
YOU HAVE ALL THE RIGHT TO CONDEMN THOSE WHO , FOR THEIR QUICK MONEY MINDEDNESS, eve suggest young unmarried boys to produce bastard with other's wife.
YOU HAVE ALL THE RIGHT TO CONDEMN THEM, AND
NEXT TIME DO NOT REGRET. WE ALL ARE THERE.
LCI EXPERT'S UNION : ZINDABAD.....
Guest
(Expert) 12 September 2013
I appreciate the approach of Shri V.R. Shroff about moral values, rather ethics on the part of lawyers. We need to discourage unethical approach to any help seeker.
Everyone needs to realise that money should not always be the aim. Even some time (even one or half hour a day) devoted on free service to the needy people to solve their simple problems can earn much more reputation to the expert leading to not only the ethical values of the expert, but also helps earn more money than he can earn from the business established merely with the aim of money-making. For the information of members, I readily devote between 4 to 6 hours daily on free service, online or offline sources and on personal meetings or when my visits are required outside my place. Even on personal visits or cases through emails, which tend consume my considerale time, I have to prescribe in a very rare cases only a moderate fee just to sustain my family and to maintain the infrastructure being used for all these services. I always discourage a person approaching me for help with his wrong intention to misuse law in his favour.
ajay sethi
(Expert) 12 September 2013
agree with mr shroff and dhingraji . objective of LCI is to help the litigants , give them necessary guidance . if however litigant requires personal conference there is no harm in charging them legal fees .
V R SHROFF
(Expert) 12 September 2013
Thanks Shri Dhingraji & Shri Ajay Sethi.
Those Experts joined after Jan 2012 are unaware of the insulting , time consuming insults and remarks, that compelled Top Experts (Many from Top Ten) to leave the LCI, for ever. We know and faced all that.
And we jointly decide about the disciplined manner of reply or refuse to reply Queries, and a strict control on code of Replies , or comment Queriest as well as our Experts colleagues.
Asa now for last 1 1/2 it is very healthy atmosphere , and it reflects our Noble Profession, Professional ethics of brotherhood, . , and not to spell, how it benefit all concerned, including LCI Administration, Querists, and we Experts.
We are successfully and unitedly growing up together.
We know very well, we too are benefited, despite our free service to few Querists.
I expect, All concern Experts adhere to it strictly, and help growing shining image of this LCI web-site, as well as it's Experts, and World Look at us with that smiling , Respectful .Bright Image.
I wish that this message is clear to all experts.
Insult Querist, only if he is hiding, fooling us, try immoral illegal activity. Otherwise help their good motive. Same with the Experts. Do not misguide, Teach them true and religious way to Life, Try to Join broken homes, go for moral act, looking at Legal view in mind.
"As we say Satyam bruyat, Priyam bruyat""
But never a Lie, however sweet,
Never a Adharmic, anti social, however Legal it may be.
Law will change, not the natural justice.
Sarva Jana Hitay Sarva Jana Sukhay!!
Sarva include us all.
Thanks for co-operation of this Noble Objective by Noble Profession of Lawyers.
I also congratulate LCI Administration for their whole hearted support and quick action, as and when we demanded action against abusive Querist or in deleting membership of Querist as well as Experts immediately.
Guest
(Expert) 12 September 2013
You are welcome Shroff ji. I remember the names of knowledgeable experts, who stopped participating in the replies to the querists.
Dr J C Vashista
(Expert) 12 September 2013
I fully agree and appreciate the views, ideas as well as professional ressponsibillity towards society and ethics of Sh. V R Shroff ji.
Undoubteldy we the members of LCI are also benefitted with the knowledge, experience, talent and expertise acquired and shared by all of us.
You will agree learning is never ending and an on-goining process.
