sundarrajan (marketting) 10 September 2012

125 of crlpc

My wife filed maintenance case under 125 of crlpc.

She is not enclosed proof of residential in petition and the address in the petition is also insufficient.

i have a returned postal cover with the remark of "insufficient address".

Questions to respected Lawyers

1. Valid residential proof is must to file a petition under 125 of crlpc?

2. Insufficient address is enough reason to reject the petition?

3. The advocate's address in petition isnot also proper.

4. I appear in court at my first hearing.

5. My wife is not appearing (She may be expected an exparte order)

6. So I have Next hearing date.

7. it is more than 1200+1200 km (20+20 hours) from my house to court (we are living in separate states of india)

8. I am from middle class family and working in a private concern in contract basis.

9. It is very very difficult to go to court for next hearing because of taking leave and money

10. May i sent a letter to the Honorable judge with the attachment of returned postal cover (remark as insufficient address)?

11. If i write a letter to the Hononrable judge, it is contempt of court?

12. There is any provisions to write a letter to the judge under any law?

Reply Follow

4 Replies

Gunjan Tiwari (member) 10 September 2012

Contact with your advocate for exemption of your presence. There is provision in law for exemption of presence. You must show your returned envelop and further any correspondence must be by registered post. It is not so easy to exparte but must obey the court your advocate may take another date for you and can also present on behalf of you before the court.

stanley (Freedom) 10 September 2012

Appoint an advocate if you are unable to attend and seek exemption from court .From your side if nobody is representing than they may proceed exparte .

JANAK RAJ VATSA (ADVOCATE) 10 September 2012

your advocate should obtain personal exemption from the court and take next date of hearing. you can give him the returned envelope with inadeqaute address for necessary submission in the court.

(Guest)

If you proved that she is never ahs been live there at any time than you can claim for using false address and groun for file suit due to reason. But its very difficult.

She can give any address, that she is living thetre If she given advocate address than she can prove she is living as paying guest.

First date fixed for your WS/objection. she need not till evidence in court.

You can get permanent exemption from court and appear through your lawyer. If any urgent than court will order to appear you.

No you cant send any latter to court its not in proceeding. so avoide.