(Guest)

Execution procveedings -how much gap is reasonable ?

1.Can lower court take 3 months time in between holding of the testimony of a witness(plaintiff)in a DV and maintenance case thereby dividing it into two parts (as testimony could not be taken completely in one hearing due to shortage of time ?
2.Is not this an unusually big gap specially when court combined 3 cases ie DV,125 and execution proceedings for a single date?
3.As far as execution is concerned should not the court take less time even if it orders hearings of two cases after 3 months?
4.It seems something dishonest/wrong is happening and that is why juidiciary needs to be brought under scrutiny of independent institution.

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2 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh) 26 August 2011

1. Yes. It can be more than 3 months even keeping in view the availability of time with the court.

2. There is no straight jacket formula to calculate resonableness or unreasonableness untill the problem with other side is known.

3. Reply already given above.

4. I do agree.

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upasna (coordinator) 14 September 2011

dear sir,

I would like to ask that if wife states in her rcr that her mother has a meagre income of rs 5000 at the time of her marriage and she had lost her dad at the age of 9. so her family didnt hv much money to spent on her marriage.

In her 498 A complaint ,she is stating that her family had spent more then40 lakh rs on marriage..??? how to prove her this allegation baseless as they hv nvr spent more than 1 lakh on marraige.Can the husband file a complaint in incometax department by giving the copy of 498A complaint in IT department to stop her from harrassing his family and trying to extract money .if he has to file a complaint in income tax department against someone having wealth more than their income???