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rajkumar (student)     14 June 2011

125 crpc

Hi , My wife filed 125 crpc , and i filed a counter for her petition .After that she filed a proof affidavit .In the proof affidavit she had mentioned that she is denying all the allegations in the counter are basesless .

Now my question is

1.) what is the next procedure , whether we should file another counter for the proof affidavit.

2.)when i will be given a chance for filling my proof affidavit.

The court gave me a next hearing short date of one week.

whether i will get a chance of filing my proof affidavit or the judge will simply pass orders based on the petitioner's proof affidavit. Kindly tell me the process of awarding the maintenance and court procedures .



Learning

 9 Replies

Advocate M.Bhadra   14 June 2011

You should file Show Cause/Written Objection with an Affidavit giving details for your defend,you also file a suit for Restitution of Cojugal Right for best defend in the Maintenance Case.

1 Like

rajkumar (student)     14 June 2011

respected sir,

In the counter petition i applied in the heading as "Counter petition filed by the respondent"

For that they filed "Proof affidavit filed by the petitioner"

Now for that proof affidavit can i file "Show Cause/Written Objection  Affidavit filed by the respondent" am i correct or what heading should i give for the petition.

In the petition and the proof affidavit of my wife she had mentioned that she is willing to live with the repondent"

In the counter petition i also mentioned that iam requesting her to rejoin to my matrimonany home.

Now is it necessuary to give seperate petition for "Restitution of Conguigal Rights on sec 9"

prashant pundhir (Criminal Lawyer)     14 June 2011

Now the court will take her evidences and provide you the chance for the cross examination .

gopal acharya (B.A.,LL.B.)     15 June 2011

you prove your all objection and ground of difence .you  will also chance for cross examinition your wife in court.if you are right you and your advocate disprove all alligation of your wife .if  your less then your wife ,she is more capable  from you .in this condition she did not get maintinance. 

gopal acharya (B.A.,LL.B.)     15 June 2011

you prove your all objection and ground of difence .you  will also chance for cross examinition your wife in court.if you are right you and your advocate disprove all alligation of your wife .if  your INCOME less then your wife ,she is more capable  from you .in this condition she did not get maintinance. 


(Guest)

Agree with  prashant pundhir advise.

Adv. Chandrasekhar (Advocate)     15 June 2011

What you require at this stage is a good advocate and that good advocate needs sufficient time to go through her petition and your counter and her affidavit in evidence and prepare cross examination and cross examine her.  Then you will be given opportunity to file your affidavit proof and you will be cross examined.

1 Like

dev kapoor (Honorary Secretary)     16 June 2011

Moreover, the Magistrate will also provide you an equitable opportunity to prove your case besdides disproving/rebutting your wife's case.

dev kapoor (Honorary Secretary)     16 June 2011

A separate petition under the HMA is not necessary.If both the spuses are willing to reunite in the matrimonial union no 0ne on the earth can stop them.If both of then do not fall prey to the professional intricacies,they should shun their grievance and tell the Magistrate that they would not contest the petition.The Magistrate can dis 'dismiss the petition as withdrawn'.

If the parties still have some reservation,their application can be referred for 'mediation' where that PARTIES themselves settle their dispute with the help of a trained mediasor.This is inexpansive & speediest remedy in terms of Section 89 CPC(ADR).


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