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Siv (engineer)     27 July 2010

Can ask openion of Judge on filing the petition in court

Hi, Before filing the petition U/s 125 CrPC can I ask High Court or Supreme Court PIO maintainability of the petition in given circumstaces like: 1. Kindly supply me the information on the maintainability of the petition under section 125 of Criminal Procedure Code by married women against her husband in the circumstances described below: Wife Status details: “Admittedly said by the petitioner in the petition that petitioner is completed Graduation, wife is capable of doing job, petitioner has working experience of one year with more than Rs.5000/- salary before marriage and after marriage, admitted in the petition that petitioner is owner of Rs.40,00,000/- agriculture land (did not disclose income from this property), petitioner admitted saying doing Post Graduation by spending more than Rs.4,00,000/- without husband consent and help, petitioner is not willing to live with husband alleging husband is cruel and wife has no dependents”. Husband Status datails: “Husband is willing to lead live with wife, husband is a Graduate and earning salary of Rs.50,000/- per month, husband has 4 dependents, Husband has no properties and husband has no source of income other than job”


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 7 Replies

Siv (engineer)     27 July 2010

Hi,

can I ask High Court or Supreme Court PIO maintainability of the petition in given circumstaces (without disclosing the case details) like:

 

1. Kindly supply me the information on the maintainability of the petition under section 125 of Criminal Procedure Code by married women against her husband in the circumstances described below:

 

Wife Status details:

 

“Admittedly said by the petitioner in the petition that petitioner is completed Graduation, wife is capable of doing job, petitioner has working experience of one year with more than Rs.5000/- salary before marriage and after marriage, admitted in the petition that petitioner is owner of Rs.40,00,000/- agriculture land (did not disclose income from this property), petitioner admitted saying doing Post Graduation by spending more than Rs.4,00,000/- without husband consent and help, petitioner is not willing to live with husband alleging husband is cruel and wife has no dependents”.

 

Husband Status datails:

 

“Husband is willing to lead live with wife, husband is a Graduate and earning salary of Rs.50,000/- per month, husband has 4 dependents, Husband has no properties and husband has no source of income other than job”
 


(Guest)

Sir,

To your above question my stand still is as per reply given in this post:-

https://www.lawyersclubindia.com/forum/RTI-perview-to-get-law-position-on-a-given-situation-21988.asp

I am open for further corrections by Ld. Members.

Arup (UNEMPLOYED)     27 July 2010

i think it is not the information, - whether a petition is maintanable or not.

in general it is a decission of a judge.

Siv (engineer)     28 July 2010

Hi,

 

I am asking the law applicability but no tthe Judge decision ....

dawood ahmed (advocate)     29 July 2010

LAW IS NOT MADE FOR INCLUDING OR APPLYING FOR ONE CASE OR ONE TYPE OF CASES. IT IS FOR THE JUDGE TO DECIDE WETHER A PARTICULAR CASE WITH ITS UNIQUE FACTS FALLS WITHIN THE FOUR CORNERS OF CONCERNED LAW OR NOT. IT IS ONLY THE JUDGES OPINION OR JUDGEMENT WHICH IS DECISIVE IN A PARTICULAR CASE. DIFFERENT JUDGES HAVE DIFFERENT OPINIONS AND DIFFERENT INTERPRETATIONS BUT ULTIMATELY THE OPINION AND INTERPRETATION IN LINE WITH THE LAW ONLY PREVAILS BUT AGAIN IT IS A JUDGES OPINION OR INTERPRETATION. FOLLOW ANY THING? IT IS JUST THE SAME SO DONT GO VERY VERY DEEP ABOUT A CASE IS MAINTAINABLE IN PARTICULAR CIRCUMSTANCES OR NOT? FOR THARE ARE MANY MORE FACTORS WHICH DONT COME TO YOUR MIND AT THIS STAGE TO SAY CONCLUSIVELY THAT IT IS NOT MAINTAINABLE OR MAINTAINABLE. 

Siv (engineer)     29 July 2010

Dear Daood, I see that no use of CrPC rules, no need to implement and follow rules... those oare for books only which can be read and forget ....?

Arup (UNEMPLOYED)     29 July 2010

whether a case will be admitted or not - is a judgement only.

a court most probably will not reply such enquary under rti, but you can ask the same to a senior advocate by paying his fees. they give there opinion and finding in writting.

perhaps you are not realising it.

you put your claim u/s 125 crpc at appropriate court.


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