Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Piyush   14 April 2018

125 crpc case - please help in right direction

Hello,

I have been facing trials for 498A / 125 CrPC / DV cases from last 2.5yrs and getting left right center.

At this time, I need help on maintenance case (125 CrPC).

My so called wife recently filed an "application to produce documents under XI rule 14 CPC" document list they provided in this application includes everything like:

- last 3 yrs bank statement of all bank accounts that I hold - 2014-15,16-17,17-18

- details of moveable or immoveeable property

- details of income from all other sources

- latest salary slips along with last 3 yrs

- credit card statement

- vehicles I own or I purchased with my money but on some other owner name

Queries that I have on  this matter is:

1.) If I myself give them all these details then there is nothing for them to prove so the actual burden of proof is on me for the case that I am accused for. So, why there is a need of case stage where petitioner has to provide evidence. Case itself has no meaning then. So, such an application is actually valid ???

2.) I have a son as well and he is not well - I have already given my wife etc etc, the medical Insurance card for use whenever needed. It has a limit of 5.5Lakhs but they have denied now in the court. I also asked them to just let me know when they go to hospital and I will be there and pay everything whatsoever - it was supposed to happen next day of hearing but thet did not inform me and when I tried calling them they did not pick up the phone. I went to the hospital and waited their in all possible departments but they did not come.

What can I do in such situation...??

So, there has not been any interim confirmed by the court. Let me know if you have questions..!!

 



Learning

 7 Replies

Kumar Doab (FIN)     14 April 2018

You can very well pepare list of your liabilities that also includes your liablity to maintain your parents, dependant family members, and self.....

This shall rationlise your income and liabilities..

Kumar Doab (FIN)     14 April 2018

If you are skilled as PIP and/or have engaged  a very able senior LOCAL counsel of unshakable repute and integrity specializing in Family  matters and having successful track record ….. and worth his/her salt …then you shoud  have been comfortable with case and court procedures...

Discuss with such counsel in person..

Piyush   14 April 2018

ok.. sure... Thanks for the reply...

But for now, is this application applied by my wife is valid ?? can such application be made ??? because as per my understanding there is NO further need of any evidence to be provided by her if I provide these documents ????

Rather this burden of proof should be on her (petitioner)....

Abhijeet Verma   14 April 2018

if husband and wife have no physical relationship from 10 months, and both want divorce, can wife claim for maintenance ?

Rajdeep Singh Bedi   14 April 2018

relating to any matter in question in such suit, as the Court shall think right; and the Court may deal with such documents, when produced, in such manner as shall appear just.

Piyush   15 April 2018

so, it means that there is no direct answer if it is valid or not. 

Then I would need to think of what is the apprpriate reply to this application.. when I asked for reply to my lawyer he mentioned that he needs to check on it.

Now, how could I proceed in this ??/

Rishi kumar   15 April 2018

Dear Piyush,

i see that you have not got any proper replies from anyone, be it advocates or others. Since you are fighting the case since the last two years you must be at least a bit conversant with  how the legal system in India works or doesn’t. In simple words the biggest threat is for your money and time. Since she is having the custody of the child,  the chances of her getting married  again are remote. And money part. How is it that your interim maintenance has not been ordered even after 21/2 years? It is not wise to drag the  interim maintenance part. In Dv cases, the maintenance is ordered from the date of filing and not from the date of order. So once the maintenance is ordered and God forbade, it happens to be a huge amount, then things might prove a bit tough. She will start pressing for arrears. Even if you  are planning to appeal against it, you may be ordered to first clear at least 50% of the arrears. Then the lawyer fees for high court and that too without any guarantee. If you do not appeal then you should start clearing things at breakneck speed.or she will threaten you with a recovery memo. The catch is once the amount happens to be high, she will not budge for any compromise. She needs to simply pay the lawyer a bit from what you give her. The lawyer will drag the case on and on. And you go on bleeding your hard earned currency. 

You have rightly realised that cases do not have any meaning and rightly so. Your lawyer may not hesitate to tell you to take another date or dates for the simple reason tha she  or he may not be able to attend your date or send the junior. But he won’t tell you that. First you have to have a bit of knowledge about your case and how it works. Not all lawyers are like this. There are genuine people also. Any way try to get the maintenance sanctioned at the est. to you luck, if it happens to be reasonable, let us hope you wife comes down for settlement.

honesty doesn’t work everywhere. Right, you have to do your duties diligently, take care of wife and kid, not give her any trouble. But when battle lines are drawn, you have to become a bit smart for your own survivall. Try to show more expenses that seem truthful, if possible really take up a small job, produce documents. Never say that you don’t have a job. 


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