Quote "Thank you. Sorry I forgot to mensioned that CRPC 125 is ongoing and which is not a civil case. and it is filed at place where she is currently residing. Marriage has been solemnized at my city and it is registered in my city too. Further information. Property value of Matrimonial Home is very less and EMI is also ongoing. She has mentioned different address of matrimonial home in present petition CRPC 125 and given other address where my family members are residing. So that in case if required she can pray for property attachment in future. This is my worry."
Above message is not showing here but above modified one shows in my email. However this opening observation beside the point my reply is;
1. S. 125 CrPC is quasi civil case and is a social benevolent provision. Procedure wise CrPC applies but it is not a pure criminal complaint case in pure procedural nature. It is also having Bar of Family Court Rules so there goes for a toss your objections.
2. She can jolly well institute S. 125 CrPC litigation from her current residence place.
3. Only if there is order on maintenance and you default she will file Execution and pray for salary or property attachment. How doe sit matter now pointing to different properties when no interim or final order has been announced and no default taken place? You can jolly well file under Affidavit all these EMI's as statutory deductions towards your liabilities and no one stops you from doing so as persuasive pleadings before interim or final maintenance are decided.
4. When the marriage took place at X city that is jurisdiction OR where the marriage was registered is Jurisdiction OR where parties lived together OR where the aggrieved woman is currently living is also Jurisdiction and all these jurisdiction is allowed especially in S. 125 CrPC. Unless objected in first instance in S. 125 CrPC it is difficult to change jurisdiction as it is based on giving “quick” remedy to a destitute woman and or with child.
Now if you want then can approach HC if mentioned two cities are in same State OR approach SC if two cities falls in different States by burning money in raising Appeal in higher Court(s) respectively and seeking transfer of case to your Jurisdiction where marriage took place and parties last lived.
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Now replying to modified message of yours;
A. You are absolutely right if prevailing customs and usage says so of parties to void the marriage. I recall placing such citation here very long time ago under one similar discussion.
B. But here the main issue is that parties themselves say there exists Marriage certificate. Also the length of staying or desertion of parties (as the facts in pleadings may come out to be is what I mean here) also leads to pre-assumption of a marriage between parties !
So in that event my guess is she will get if eligible (in the sense if she is not working and not educated is what I mean and not the peculiar customs and usage here) interim maintenance till marriage is made void by instituting separate Application under challenge. It is peculiar argument based deal now.
