Dear D. Arun Kumar Sir,
Below is my grounds on review/revision petition to be filied in court. My case is CrPC-125 interim maintenance. Please comment on the grounds.
IN THE COURT OF THE HON’BLE JUDGE, FAMILY COURT,
CRLMP. NO: OF 2010
In
MC. NO. /2009
Between:
… Petitioner
And
… Respondent
ORDER REVIEW PETITION
PASSED ON CRLMP.NO:316/2009
MAY IT PLEASE YOUR HONOR
Respondent humbly prays this Hon’ble Court to review the order passed by this Hon’ble court considering supporting documents filed after the argument stage i.e., on 26-03-2010 and on 15-04-2010. Further submit based on the evidences submitted the petition is not maintainable being the ingredients of the petition do not attract section 125[1][a] of CrPC and attracts section 125 [4] hence petition is liable to be dismissed as per section 125[5] of CrPC as described below:
G R O U N D S
1. Humbly submit that petitioner is highly educated and is capable of earning ( has earning experience) of the amount that the Hon’ble court ordered as interim maintenance amount (documents collected from petitioner worked hospital and submitted on 15-04-2010 as part of memorandum) and was earning even before and after the petitioner’s marriage provide information that petitioner is capable of maintain herself and the petition is not attracting the required ingredients of section 125 [1] [a] of CrPC. Further submit that petitioner suppressed information of her capability and approached the Hon’ble Court with unclean hands for wrongful gains.
2. Humbly submit that the bank transaction (through cheques) of amount around Rs.75,000/- from respondent account to petitioner account after marriage (refer: point no.26 in counter filed on 18-12-2009 in MC.145 of 2009 and enclosures) provide information that petitioner was having bank balance and petitioner was not neglected by the respondent hence the petition is not attracting the ingredients of section 125[1] of CrPC. Further submit that petitioner is approaching the Hon’ble court with unclean hands for wrongful gains.
3. Humbly submit that petitioner is capable of working but willingly not doing job and doing Post Graduation, as admitted by the petitioner in the petition, by spending more than Rs.2,00,000/- per year in total more than Rs.4,00,000/- for the course, without respondent consent reveals the petitioner’s capacity to maintain herself even without working for money to maintain herself. Hence petition is not attracting the required ingredients of section 125[1][a] of CrPC.
4. Humbly submits that, as admitted by the petitioner in the petition, petitioner is owner of Rs.40,00,000/- worth agriculture land in Guntur District and petitioner is not disclosed the property details and income from the property and approaching the Hon’ble court with unclean hands for wrongful gains from the Hon’ble court. Further submit that petitioner failed to supply information on not maintain herself using the huge agriculture land property hence the petition is not attracting the ingredients of section 125 [1][a] of CrPC.
5. Humbly submits that, petitioner filed this petition after one year of leaving the matrimonial home and during this period petitioner maintained by herself and also spent more than Rs.2,00,000/- per year reveals the petitioner’s capacity to maintain herself and the petition is not attracting the ingredients of section 125 [1][a] of CrPC.
6. Humbly submit that respondent facilitated the petitioner with a credit card of worth more than Rs.1,00,000/- (proof are submitted to the Hon’ble court as part of counter dated on 18-12-2009), for which respondent is responsible to clear the bills, provide information that respondent did not neglect the petitioner the petition is not attracting the ingredients of section 125[1] of CrPC.
7. Humbly submit that the letter received from Deputy Commissioner of Police, Cyberabad, under Right To Information Act-2005 saying that the petitioners allegations are said to be false based on the evidences submitted to police with references for further validation. Humbly pray this Hon’ble court to appreciate that this letter discloses no prima face case of cruelty is established, hence there is no reason for petitioner to stay separately from respondent hence the petitioner is not eligible to get maintenance from respondent as per section 125[4] of CrPC.
8. Humbly submit that petitioner expressed willingness to lead matrimonial life with petitioner and also invited the petitioner in the open court on 18-03-2010, whereas petitioner insulted the respondent in open court saying respondent is unfit as her husband hence not willing to join. Petitioner’s attitude by saying the husband is only for paying maintenance and is not for leading matrimonial life with petitioner is shows the irresponsibility towards matrimonial duties of wife hence petition is liable to be dismissed as per section 125[5] of CrPC.
9. Humbly submit that while petitioner is maintaining the bank balance that too received from respondent, making allegation saying that respondent neglected the petitioner by not providing food and money is absurd. This reveals the petitioner’s malafide intension in approaching the Hon’ble court with unclean hands for wrongful gains. This also reveals the illegal intensions of petitioner that petitioner is married for illegal money extortion from respondent.
10. Humbly submit that petitioner is spending more than Rs.2,00,000/- per year while maintaining the bank balance, amount received from respondent, still saying petitioner is not having money for food and asking for arrears from respondent without trying to understand the petitioner’s responsibilities as wife to make family reveals petitioner’s illegal money extortion activities from respondent.
11. Humbly submit that lenience and sympathy towards women by the Hon’ble court may lead to illegal money extortion from innocents by lying in the Hon’ble court which could lead to loss of confidence in innocent minds on legal system in securing the justice.
PRAYER
In the above said circumstances humbly pray this Hon’ble court to review the order and may dismiss the petition that is not attracting the ingredients of section 125[1] of CrPC and pass other orders as the Hon’ble Court may deem fit and proper be passed in the nature and circumstances of the case.
DATE:
PLACE: RESPONDENT
(Party-In-Person)
