127 crpc application
Mahadev Narayan Dadar
(Querist) 12 September 2016
This query is : Resolved
Sir,interiam maintenance is passed in 2013 last july 2015 recovery application was filed thereafter i was filed 127 crpc appllication on which opposite party filed say which containing text same as original 125 pettion only in which there is nothing said against my 127 application contains.how is it beneficiable for me and Please suuggest what shall i do next i am in party in person
Ms.Usha Kapoor
(Expert) 12 September 2016
Did you find any change in circumstances and increase income of the opposite party. Now in your 127 Cr.P>C you must have prayed for reducing her monthly maintenance in view of of her increase in income(Chan ge in circumstances) and if she has obtained stay of your 127 CrP.C..You file counter to vacate her stay petition.
Devajyoti Barman
(Expert) 12 September 2016
It will help you as the opposite party now fails to oppose the grounds of your petition for modification of 125 maintenance amount in changes circumstances.
Mahadev Narayan Dadar
(Querist) 12 September 2016
yes i have filed this petition as change in circumstances when she filed 125 crpc application was not working now educationally , physically are cable and also working. and also she is denied and declared that she is not married at education place and government place to avail government facilities. please suggest how it will get helpful in my crpc 127
cherukuri prasad
(Expert) 12 September 2016
If they are pleading the same as they did it in 125 crpc application, keep quiet. Court knows what to do about implicit admissions and evasive denial.
Guest
(Expert) 12 September 2016
If a change in the circumstances of your wife was mentioned by you, what proof did you present along with your application or in the court in support of your contention?
Further, it is not understood, what actually do you want to convey with your statement, "she ... denied and declared that she is NOT MARRIED at education place and government place to avail government facilities?"
Very vague statement, I think.
Raj Kumar Makkad
(Expert) 12 September 2016
You cannot get any benefit qua the pending amount against which the recovery proceedings are going on. Unless the order under 127 is passed, you have to follow the order passed in 125.
Guest
(Expert) 13 September 2016
Would you please like to clarify on your statement, what I asked in my previous post?
Mahadev Narayan Dadar
(Querist) 13 September 2016
Dhingra Sir, i have filed application to dismiss crpc 125. on on the basis of educationally and physically she is capable to earn. i got documents from RTI, after cases filed, she had taken admission for nursing course from government facility where she is declared she is unmarried,also provided information and proof are bogas. i.e i want to show is not accepting me as husband in the society as unmarried and other side asking for maintenance as wife. Please explain is it work ? onthe argumnet i am going to submit but i am want opinion when she is submitted say against 127 crpc in which nothing said against my application. in this case automatically agreed my application or not. need to submit documents?
Guest
(Expert) 13 September 2016
Dear Mahadev Narayan Dadar,
There is marked difference in the terms "IS" and "WAS".
Admission in nursing is not a proof of her earning. Irrespective of the fact, whether she declaring herself as unmarried or is not accepting you as her husband, but the fact of both being husband and wife cannot be denied legally.
Moreover, even if she is in earning position, but not aarning for the present, your liability for maintenance cannot be overruled.
Still further, even if she is earning now, but interim maintenance cannot be affected with retropective effect prior to the date she started earning of enough amount for her maintenance, as compared to your earnings.
So, your liability cannot be mitigated by your 127 case.
Mahadev Narayan Dadar
(Querist) 13 September 2016
Sir, when she is not accepting in society about relation with written declaration, yet is it be payable by me. marriage has value to live in the society as wife husband.that's why everybody spending money valuable time and inviting people to confirm our marriage as wife and husband with respect. wedding occasion is not for enjoyment,it should be for confirmation from the society to live further relationship as wife and husband. that;s the reason i am going argu for my application. Please suggest i want to show husband wife relation importance i am not denying for pay but why should i pay when she is not accepting as husband.
Please suggest
Guest
(Expert) 13 September 2016
Any vague discussion may not give you any immunity from law.
You may better discuss the pros & cons of your views with your own lawyer, instead of unduly stretching the thread of your query.
Dr J C Vashista
(Expert) 14 September 2016
I agree with expert Sh. PS Dhingra, the query is vague concealing material facts of the case.
Besides this, you are representing husband or wife in the case u/s 125 Cr PC?
Why the order passed in the application u/s 125 Cr PC was not executed since 2013 to 2015? It can be recovered for 12 months only.
Discuss the issue with a local senior lawyer.
Dr J C Vashista
(Expert) 14 September 2016
What are changed circumstances since 2015 when the order was passed, did you clarify?
Mahadev Narayan Dadar
(Querist) 14 September 2016
when 125 application was filed in April 2013 that time she was not capable to earn, i was agreed in my say, on that basis interim ordered was passed. but thereafter with help of rti,i found she was getting dearness allowance, accommodation, meals, break fast, dinner from government from June 2013 which was not decalred in the court while giving application to recover maintenance and also have achieved professional degree now she is capable to earn. this is situation mentioned with my application
Guest
(Expert) 14 September 2016
You seem to stretching the thread with your vague discussions. You have to prove your point in the court, not here. Application of 127 may bot benefit you to quash interim maintenance.
Mahadev Narayan Dadar
(Querist) 15 September 2016
Sir, I am fighting case pip no lawyer is there. so trying to show the situation happened.and trying to gather info towards handle case in right way with the help of respected experts.I am very thankful to all to sharing your valuable experience with me.pls suggest on above situation how i can take benefit? Is there solution ?
Guest
(Expert) 15 September 2016
Mr. Mahadev Narayan,
You can expect only lawful help from the experts, not any unethical advice. Moreover, unless anyone goes through your original order along with petition as well as the present 127 case, nobody can guess what is what could be your strong points to stress upon.
So, better hire some capable lawyer locally to fight your case. However, if you want to fight the case yourself and are desirous of guidance, you may send scanned copies of your documents to any of the expert to have proper guidance for further action by paying a reasonable fee to him.
NO USE TO STRETCH THE THREAD ANY MORE.
Guest
(Expert) 15 September 2016
No guess without complete details & documents. If liked, you may send scanned copies of the case related documents through email for check.
Mahadev Narayan Dadar
(Querist) 15 September 2016
ok thanks sir , documents are in marathi. if possible please let me know aprox. fee
Guest
(Expert) 15 September 2016
Documents should be duly translated in English or Hindi. Sorry, I don't go by guess without seeing the volume of work.
Rajendra K Goyal
(Expert) 21 September 2016
Agree with the expert P.S. Dhingra ji.
Rajendra K Goyal
(Expert) 21 September 2016
Agree with the expert P.S. Dhingra ji.
