satya prakash (Clerk) 03 July 2013

125 proceedings...

Dear all

1) 125 filled with many common allegations including they filled 498a. But no 498a FIR copy or no call from Police for same.

2) Summons sent to me

3) Out of 3 Mediations 2 mediations happened & stand was not ready to accept.

4) Case came to Court, first 3 dates nothing happened not utilized by either party.

5) Opposition side enabled Evidence on 4th date but later 4 dates crossed no development other than opposition & her Lawyer both missing.

6) today on date again ex & her lawyer both absent.

7) Now next date is tomorrow.

Lawyer saying as nothing wrong done by me or my parents & they don't have single evidence for anything, Judge may close the case.

wanted to know if I can take any positive action which can help me in future if current case gets closed & if they file 125 in future?

Note: Dates frequency was every 15 days, then every 8 days, then every 3 days, then every 2 days now daily basis so tomorrow some order is expected...

Reply Follow

5 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 09 July 2013

There are catena of cases in which even FIR has been quashed merely because the allegations are not specific and merely vague.You can ask your counsel to refer those citations and use them in your case.

If the judge dismiss the case and she files a new case U/S 125 crpc, then you take the defence as provided in section 125 itself wherein if the wife leaves the husband without sufficient cause and if she has not come to the court with clean hands then the court would not allow her to get the maintainenc.

--------------Those who seek equity must come to the court with clean hands and bonafide-----------

Advocate Kapil Chandna

+91-9911218741

1 Like

Adv k . mahesh (advocate) 10 July 2013

now the court have pressure to clear off the long pending cases and the cases which are at final stages

and as per your query the expected order came and now you are happy at both the ends

1 Like

ashoksrivastava (scientist) 12 July 2013

Hi Satyaprakash only way to avoid maint. under crpc125 to a wife not able to maintain herself is by winning RCR against her and not letting her take divorce.Maybe you will find crpc125 to be more palatable than this option.

Regards ASHOK

1 Like

Adv k . mahesh (advocate) 18 July 2013

when you posted this query already 14 days passed and some of them answered but what is the result as on date

satya prakash (Clerk) 18 July 2013

No result.

this time me & my lawyer went with full energy thinking of we vl request judge to close the case or ask for fast movement...

But instead of my bitter half as usual her lawyer appeared & said she is not keeping well, my lawyer wanted to say but judge started like ok looks like some more time needed & he awarded next date....

Bitter half & her lawyer playing this game since 4 months 4-5 dates they skip & suddenely one date lawyer appear & say she is not keeping well so need to time...

Im sick of this now...