Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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crpc125_victim (Unemployed)     13 June 2011

(Newbie) Needs advice on crpc125 process

I have received a notice marked CrPC 125 stating that I have to be present in a court (different state) on a certain date.

Questions?

1) How can I get a copy of the application she gave in court? All I have received is a printed half page receipt with just date/names/court/crpc125 filled in with pen.

2) What exactly is the crpc 125 process? how long will it take?

3) Do I have to be present on the first date?

4) How many times will I have to go to court? I would prefer not to go.

5) How do I go about choosing a good lawyer that will fight out of state case? I am in delhi.

6) Someone said you can deposit say5-10K in court towards her maintenance for 1 year as a token of good faith and then go about fighting the case. True?

Thanks in advance for your help.



Learning

 8 Replies

ashwani vij (head)     13 June 2011

HI 

WHATS UR JOB NATURE

crpc125_victim (Unemployed)     13 June 2011

I am a post grad but unemployed for past several years.

Tajobsindia (Senior Partner )     13 June 2011

@ Author


1.
How can I get a copy of the application she gave in court? All I have received is a printed half page receipt with just date/names/court/crpc125 filled in with pen.
Take: Search on www website of District Court and find from here PIO name and address of District Court. Send a RTI application with required IPO and seek true copy of her S. 125 CrPC application. Point to remember here is to see clearly what is next date of hearing mentioned in Suit service paper that you claim to only receive as RTI reply comes in 30 + 7 days.


2.
What exactly is the crpc 125 process? how long will it take?
Take: It is a social cause based maint. from STATE to a destitute wife undergoing penury and is withotu a roof, without food, medical and basic needs being maintained by her husband and husband has deserted her. There are no. of old posts here in LCI which has much larger piece of takes on asked subject matter which if you are interested may refer to. From start to finish anywhere around 1 year to 3 years which is national average depends if it is contested or non-contested.


3.
Do I have to be present on the first date?
Take: Based on brief you need not have to be present on first date provided there is a Vakalatnama filed on your behalf by a pleader representing your side of case. Ask him to state reason of absence sitting your un-employment and non-reciving the plaint copy with annexure if any of the suit that she filed for maint.


4.
How many times will I have to go to court? I would prefer not to go.
Take: If you have appointed a pleader to plead on your behalf then during evidence your presence is required provided an exemption for appearance application is duly allowed. If you prefer not to attend at all and no pleader appointed then the whole case will be ex-party meaning whatever she wrote in her plaint is true and nothing but true provided she places her one sided evidences and get a final Order ex-party.


5.
How do I go about choosing a good lawyer that will fight out of state case? I am in Delhi.
Take: All lawyers are good it depends what desired relief one brings for a client provided client co-operate and also takes interest in the case. Search in database of LCI and due diligence Lawyer specializing in Family Law yourself and act accordingly.


6.
Someone said you can deposit say Rs. 5-10K in court towards her maintenance for 1 year as a token of good faith and then go about fighting the case. True?
Take: That is voluntary offer on first hearing itself subject to HER approving of the same as well as MM / PJ taking it through on Order sheet. BTW out of curiosity may I ask this offer is for per month or just lumsum offer !

 

1 Like

Rajesh (advocate)     14 June 2011

1-something rong in service of notice,it is mandaintory provision to serve a copy of application alongwith notice,you clem it after presantation before court-                                                                                                                    2-pro.in 125 cr pc is a summery manner proceding & it's take few months in final disposal.                                       3-it nessassory,if u not appear before court the court passed against u ex-partey order of maintenance.                  4-u appoint a advocate behalf of u ,signature in written statement(repply) sign by u & ur presentation are nes.for recording evidence to proove ur part.                                                                                                                                          5-u try for best lawyer on net,i'm help u in m.p.if ur case in m.p.                                                                                          6-no it is not true,u naver do it!                               rajesh sharma ad.kotma dist.anuppur m.p.mob.9300416252

1 Like

crpc125_victim (Unemployed)     14 June 2011

>>>Take: That is voluntary offer on first hearing itself subject to HER approving of the same as well as MM / PJ taking it through on Order sheet. BTW out of curiosity may I ask this offer is for per month or just lumsum offer !<<<

Thanks for your replyTAjobsindia. The 5-10 K offer was lumpsum offer covering 800p.m x 12 months = approx 10K. Someguy I stmbled upon told me so.

 

crpc125_victim (Unemployed)     14 June 2011

All I have recived is a torn out printed recipt by regd post.

Is it possible that the court will also send me another regd letter with the copy of complaint? 

Supratim Paul (E)     15 June 2011

See regarding the RCR the Distict Court will send a details of the 125CrPC filed by your wife advocate. The case no will be mentioned in it. Contact a good criminal lawyer and tell him the details and tell him to go to the court and get the filed copy from the court.It can be received from the court people by paying some money. 

 

Then you can see who is her lawyer and her Vakalatnama and her 125CrPC Petition. Then your lawyer need to file and counter reply to the notice on the date mentioned opposing to what she has said in her petition and your lawyer and submit it in the court. You don;t need to be present. Then next date hearing will be there where the court will listen to her and then court will listen to you....you need to be present at some instances. Then you can have cross examination.

 

After listening to all the court will give the vertict.Generally the court can order to give interm maintainance and then after the final the maintainance will have to be given ever month till her death or her re-marriage.

 

Here the court will take into consideration your income,her income,her status and whether she is capabale of maintaining herself or not. Also the most important thing why have she left you...have you thrown her out or she has left you ... may be need to be proven if she tells lie. Get and collect as must evidence as possible which can save you. 

 

Even you are unemplyed you cannot excape from maintainance ..you will have to pay....else after the order if you don;t pay then she can file in court which can lead to your arrest.

 

In general the District court is favourable to females and they get maintainance.  

1 Like

Ranjeet Singh 9654630139 (Practicing Advocate)     22 June 2011

1) How can I get a copy of the application she gave in court? All I have received is a printed half page receipt with just date/names/court/crpc125 filled in with pen.

 

It is mandaintory  when summon is issued eventhough you will have to appear befor the court and make a submition before the court that i have not got full copy of petition. court direct to the petitioner for supply a fresh copy.

2) What exactly is the crpc 125 process? how long will it take?

 

it is demaded the manaitance for her and it can be take minimum 1 year and more then. 

3) Do I have to be present on the first date?

 

Yes you will have to otherwise case will be proceeded Ex party and make a manitance charges and you will have to complince the order and pay the manintance.

4) How many times will I have to go to court? I would prefer not to go.

you will have to appear the court in every date.

5) How do I go about choosing a good lawyer that will fight out of state case? I am in delhi.

6) Someone said you can deposit say5-10K in court towards her maintenance for 1 year as a token of good faith and then go about fighting the case. True?

that is not true but it will depend youe income and try to show the court that i earn low salary bcz court make the manintance accordance your salary.

Thanks in advance for your hel

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