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Puneet   02 November 2016

Application during argument phase -crpc 125

Hi Experts,

 In line with the query I posted 3 weeks back regarding maintatinance ..I would like to ask one more thing to the eminent people available here..The thing is our case for CRPC 125 is in Argument phase but nobody from my wife's side are coming to court. However during this meantine I got one very important document as an evidence that she was a patient of chronic depression and undergoing psychiatric treatment. The pills (Cilentra 5 mg ) she was taking was to avoid the suicidal thoughts and it was working as mood stabilizer. I have got that prescripttion from one of the relative of her and it was just 5 days before our marriage.Also she tried to commit suicide before 2-3 days of our marriage date. Her uncle accepted that in front of me and was very sorry as he hidden this thing from me.

Can I use above things as an evidence in Crpc 125 hearing ? My lawyer sounds like misguiding me as she is saying that we can not rely on her relatives as they might change their opinion in front of court and also she is saying that Psychiatric prescripttion wont be of much use in 125 arguments.

She is asking me to go for amicable settlement. but i dont want to give them money as what they are asking which is totally unrealistic.

Also can I put an application before an honorable court for her medical treatment history with the psychiatrist ? This was not included in our main application because we were not aware of these   facts by then.My lawyer is saying that it is not possible as our main application is freezed ?

 

Kindly help with this ?

 

 



 16 Replies

NANDKUMAR B SAWANT (ADVOCATE./LAWYER)     02 November 2016

SIR, KINDLY NOTE THAT.

1. YOU ARE DEFENDING THE APPLICATIONFOR MAINTAINENCE UNDER SEC. 125 OF CRPC FILED BY THE WIFE.MENTIONING VARIOUS FACTS AND GROUNDS.

2. SHE MUST HAVE FILED INTERIM APPLICATION FOR INTERIM MAINTAINENCE.ALSO.

3. YOU MAY FILE A DETAILED REPLY TO INTERIM APPLICATION AND ALSO TO MAIN APPLICATION.  MENTIONING ACTUAL FACTS AND DENY ALL ALLEGATIONS , CLAIMS AND CHARGES OF THE APPLICANT WIFE.AND SUBMIT PARAWISE REPLY AND DENY ALL ALLEGATIONS.ALSO FILE SUPPORTING AFFIDAVIT.YOU MAY FILE ALL RELEVENT DOCUMETNS INCLUDING HER MEDICAL DOCUMENTS REGARDING SAID TREATMENT.

4 KINDLY NOTE THAT ADVOCATE FOR WIFE WILL ALSO MENTION EXAGARATED AMOUNT ABOUT YOUR MONTHLY INCOME AND PROPERTY AND ASSETS. YOU HAVE TO DENY ALL CLAIMS SO THAT COURT WILL DECIDE THE ACTUAL AMOUNT OF INTERIM MAINTAINENCE.

5. YOU MAY CHALLENGE THE INTERIM MAINTAINENCE ORDER PASSED BY THE SAID COURT BEFORE SESSIONS COURT AND FURTHER TO THE HIGH COURT ON VARIOUS GROUNDS.

6. BUT REGARDING THE MEDICAL EVIDENCE AND CERTIFICATES REGARDING HIDING OF FACTS OF HER SICKNESS YOU MAY FILE FOR DIVORCE PETITION BEFORE THE APPROPRIATE COURT MENTIONING THE SAID FACTS PLEASE. NOTE.

GOOD LUCK.

N.B.SAWANT.M.COM.LL.B., ADVOCATE HIGH COURT, MUMBAI.

1 Like

Puneet   02 November 2016

@ Sawant Sir ..thanks for your kind reply.. Divorce is already filed by me and in counter she has filed 24 hma and crpc 125.

Below is the original post which I posted 3 weeks back.

 

///

Hi Experts,

my name is punee and  I am from Pune...Its been a long time , I have posted my query so to just help to undertand the story , i am putting it again..

I am from Pune and married in Jan 2015 as per hindu Marriage act . We  both are IT professionals. I am having salary of 60k pm and she is having salary of 16 k pm. She is from very well established family and her father holds big prperty in Pune.

Now my story is , after marriage , we went on honeymoon but on the same day my wife told me that her marriage was done forcefully and she never wanted to marry me.She dont want to have any physical relationship with me and she wants divorce and she does not want any single rupee , neither jwellery from me .

Accordingly we approached to known counsellor and  lawyer in Pune and she suggested us to stay together for 5-6 moonths and then go for divorce . Court will not accept on day 1 and they will ask you to stay together  so better to take a chance now.

We started staying together , but her behavior towards me was not good but she tried to act good in front of my family . She usually used to torture me by asking some money one or the other day but I used to refuse her but I used to take care of her by providing whatever she wants , like clothes , any facility at my home what she is looking for . But really wanted to save our relationship but she along with her family used to take adantage of this.

I did not tell anything about this as I never wantd to hurt them. But one day she left my home on her own , we tried to take her back but they refused to send her and threathened us as they will use 498 against us. We had a fight with them and we beaten them up. It happened from both sides though. No police complaint / no FIR.

Again with their agreement , we file a divorce petition but  later on they changed their words . They rejected the divorce petition and file 24 hma and crpc 125 against us.

Her relatives approached us for settlement and we came to a common amount and decided to go for divorce under 13 B.But again they changed the words and asking us to give all the stridhan back . Its almost a 100 gms of gold which we dont want to give her . My lawyer told us that , as per law , it belongs to her but dont give them the jwellery. Let them prove that its in our custody.

But they are not coming for argument since last 3 dates and continuously asking for future dates. As I took a calculated risk to stay together with her hence I have lots of proofs against her and she does not have anything against me.

She has asked for 30 K maninteance though ( forgot to mention)

So requesting experts to suggest further on this?


///

Sachin (N.A)     02 November 2016

 

Dear Puneet,

Originally posted by : Puneet
  . We  both are IT professionals. I am having salary of 60k pm and she is having salary of 16 k pm. 

 

 

This is the only line you should use to defend the case of 125 CrPC and not her medical ground at this stage.

Reason: Because first step of 125 CrPC court is going to decide interim maintenaince. if you yourself 

Sachin (N.A)     02 November 2016

Reason: Because first step of 125 CrPC court is going to decide interim maintenaince. if you                      yourself show her medical proof she will claim that she is not able to work presently and thus maintenaince should be granted. So your only defese should be she is working and capable to maintain herself and thus not entitled for any maintenaince.

 

 
1 Like

Sachin (N.A)     02 November 2016

 

Following are the Ground for the Argument

 

1. Her Education background and certificate
2. Her Job details like ( Bank passbook, IT return, Salary slip )
3. Her other investment detail ( Mutual fund, Insurance, property etc )
4. Few Citation which is matching your case ( Citation should be from same state for more impact )
5. Expanse report from your side
6. Your Medical certificate and your father and mother medical certificate along with expanse

 

1 Like

Puneet   02 November 2016

Thanks Sachin !

Puneet   02 November 2016

This really helps !

Puneet   02 November 2016

@ Sachin and all other experts,

Cant the medical certificates help me in proving that her marriage was done forcefully and hence she went in chronic depresson  and there was no reason for her to leave my home.

Also I can get the reports from Counsellor where we initially had a counselling and where she had admitted that she never wanted to marry me.

Is that not sufficient to prove that its only her who stepped out of married life and just taking advantage of  woman biased laws ? Her relatives are also okay if they needed to appear in court and tell the truth.

kindly advise

 

Puneet   02 November 2016

and as mentioned by Sachin in above comments ,

and I have gone through few HC and SC judgements.. am I correct in saying

1) she is capable enough to earn her livelihhod then she is not entitled for maintaenance.

2) Her marriage was done forcefully by her parents and hence she went into a chronic depression ( with suicidal attempts) and there was no reason for her to step out of the marriage hence she is not entiteled for any maintenance.

 

Sachin (N.A)     02 November 2016

Originally posted by : Puneet

Cant the medical certificates help me in proving that her marriage was done forcefully and hence she went in chronic depresson  and there was no reason for her to leave my home.

 

Dear friend,

 

Your points are correct but this stage is for interim maintenaince. And at this stage court will only look that wether  wife, unable to maintain herself, or not. Only this will be the point of argument. The point raised by you is for final argument to prove that she left the matrimonial house at her own wish.

Sachin (N.A)     02 November 2016

Originally posted by : Puneet
and as mentioned by Sachin in above comments ,

and I have gone through few HC and SC judgements.. am I correct in saying

1) she is capable enough to earn her livelihhod then she is not entitled for maintaenance.

2) Her marriage was done forcefully by her parents and hence she went into a chronic depression ( with suicidal attempts) and there was no reason for her to step out of the marriage hence she is not entiteled for any maintenance.

 

 

Both the points raised by you are contradictory 

 

1. She is capable enough to earn her livelihhod

 

2. Her marriage was done forcefully by her parents and hence she went into a chronic depression ( with suicidal attempts) and there was no reason for her to step out of the marriage hence she is not entiteled for any maintenance.

 

Her lawyer will raise the point how can a chronic patient of depression will earn and court will order you to pay her medical bills also. That is why i suggested you to use her capability of earn as your defence

 

Hope it helps:)

Puneet   06 November 2016

@ All Experts,

My wife and her lawyer came to court on this date and taken a next date but they are not ready for argument.. Can someone please help if I can put pressure on thm by any means and make them to come to court and be ready for argument (its almost 6 dates its in argument phase and no progress )

 

Sachin (N.A)     06 November 2016

Dear Puneet,

 

You dont need to do anything, this is the petitoners' job to pressurise the court for speedy trial. As suggested before she only wants to harras you, Dont  get tricked by filing more applications or cases this will harras you more and fulfil her motive. Let her wander around the court.

 

You enjoy your life , when she get tiered she will herself come for settelment.

Puneet   11 November 2016

Hi Sachin , you were absolutely spot on !.. We got a call from her lawyer for amicable settlement and he took a date in Lok Adalat tomorrow 12-11 in Pune Court and it seems from his tone that he wanted to settle the matter asap.

My lawyer is saying that , in Lok adalat there is no ortodox way and court just looks for the settlement of the cases with both parties consent however she is insisting me not to give any financial offer in front of the panel . She is saying that let the demand come from them and if it is within our remits then only we will accpet otherwise let the case drag further.She also asked to bring some evidences so that we can put some pressure on them like , photos of gift articles given to her , her recent photographs from FB ,Whats app to show her status of living etc.

 

Just wanted to check the view of all the experts on this forum? What should be my line of action.

Thanks in advance !


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