Relevant rulings on 125 cr.p.c
Satyamev
(Querist) 15 April 2016
This query is : Resolved
Dear Experts
I have final argument in the Family Court w.r.t to the 125 CRPC Petition filed by my wife.Matter pertains to a Family Court in Uttarakhand and the argument is next week for which I am doing preps.
Facts :
1. Wife lived together for only 15 days which is a accepted fact.
2. Wife was working before the marriage in an IT company and has done B-Tech which is accepted fact but it was not disclosed in her petition , submission only came from her side at the time of intensive cross questioning that was recorded as her statement which was not a part of her original petition as in that she claimed that she is a house wife and does not know anything apart from house work and did not mention about her qualification.
3.Wife gave admission that she is capable to work and is able bodied but due to gap of 2 years she is not able to find a job and this submission came at the time of cross questioning recorded as her statement which was not a submission in her petition.
4. Wife left a letter before leaving her matrimonial home in which she is praising her husband and in laws and claims she is very happy with him and letter was written before going to mayika in the absence of husband, letter is undated however no submission was given w.r.t her in her petition about this letter but at the time of cross questioning w.r.t the same petition she stated that she was made to forcefully write this letter at time of Honeymoon in Thailand that was recorded as her statement but she has already given an affidavit in Dowry Matter in the High Court of Uttarakhand stating that the same very letter was made to write forcefully in her matrimonial home after returning from honeymoon which is a gross contradiction.
No sane person can believe that I could have committed a crime after reading that letter.
Question :
1.She has given no evidence to prove her allegations w.r.t the 125 petition and closed her evidence without any evidence.
Any relevant rulings/citations of SC that clearly say that no relief can be given without any evidence ? She has closed her evidence saying , no evidence to be submitted.
2. She has lied at several places for which there is clear cut evidence in the form of her different versions and admissions given at several places that show that she is lying.
Any ruling/citations of SC that clearly say that no relief can be given if the petitioner has lied or hidden facts in her maintenance petition ?
3. Wife was working before marriage and is capable to earn which is her own admission in her statements , but she says she is not able to find a job .
Any rulings of SC that say a previously employed wife is not entitled to maintenance ? there are several rulings of different HC's but I dont think the family court judge will consider it as he considers only his state High Court rulings/citations and of Supreme Court.
Moreover he is extremely pro woman and it was hell of a task for not letting him give interim maintenance to my wife previously but now it's final argument.
Rajendra K Goyal
(Expert) 15 April 2016
Ruling / citation / judgement not supplied in this section.
tarun goyal
(Expert) 15 April 2016
dear dont be afraid. put these discrepancies in written arguments and let these be a part of the record. these arguments will definitely help you in appellate forum, if not here. Dont ask for any ruling / citation from any body. best of luck.
Adv. Yogen Kakade
(Expert) 15 April 2016
Rightly stated by mr. goyal, but no citations are provided here.
Satyamev
(Querist) 15 April 2016
Dear Experts
Thank you for your response , if anyone of you would like to read my case docs w.r.t the facts I stated here and provide me citations and judgements then please let me know at satyamev_jayatey@hotmail.com so that I can opt for paid consultation.
Warm Regards
