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Ravi (a)     11 August 2017

Av in crpc125

I captured few videos & audios clips that may be applicable in CRPC 125 to say i have not neglected her or refused to maintain her.

 

1. Video 1 - She is having a habit of leaving home without telling me/anyone. in once instance, i captured when she was opening the main door and left home in front of me without telling me by looking at me. Is this applicable in crpc125? to say she left home on her own

 

2. Video 2, 3, 4 - I captured few videos when she was having food at lunch & dinner time

 

3. Video 5 - I captured another video in the kitchen when she was preparing the lunch and she was happily humming. Am i right to say i kept her happy?

4. Video 6 - I captured at instant when she was talking over phone while the maid servant was doing her job.

5. Video 7 - I captured one video that shows the food available in the fridge like fruits, vegetables, horlicks etc.. This is to say i have done everything for her as a husband

6. Video 8 - I captured one video where she was performing pooja and my mother was helping her.

 

 

i want to show up these to judge to contracdict in her petition where she was saying that she was not given food, no maid servant etc.

 

7. Audio 1 - She said she wanted lavish life for her children (children not born yet at that time - she was going out for delivery). is this applicable in the evidence to say her mind always lingers on lavish life.

 

 

8. In Divorce cross - she accepted everything like i used to take her for medial check up, tried for various job placements and she also admitted that she didnt give any reply to my letter to join my society. And a lot of things she admitted that are in favor of me but divorce got dismissed even then.

          so Can i submit her divorce cross in the evidence? will it have any weight?



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 3 Replies

Adv Radhika Mehta (Advocate)     16 August 2017

Most of the videos captured by you have no relevance to the 125 proceedings, most particularly video No. 1.  The other videos you may rely upon but the judge may very well observe or your wife may contend that those videos were intentional/ deliberate i.e. to say that you deliberately stocked up the fridge or gave her food to eat because you wanted to collect evidence. 

However, you can definately rely upon her cross.  It will defibately help in proving her case as false.  

Ravi (a)     16 August 2017

thank you for your opinion. But there was nothing intentional or deliberate since all videos are captured like live actions.

if judge feels everything is delierabte, how will husband prove the allegations false? 

when she left me, i sent a letter to her to come back but she didnt reply. the same accepted by her in the divorce cross. in the same divorce cross, she accepted she was working before marriage. Can i go and present the divorce cross as exhibit in crpc125? many thanks.

Adv Radhika Mehta (Advocate)     16 August 2017

See no one can account  what interpretation the Judge will draw from a given set of facts and circumstances but you can definately file her Divorce Cross in 125. 


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