Maintenancevictim (Own) 04 March 2015

Crpc 125 cross examination

Hi all

My wife had her cross examination yesterday in Cr PC 125. Prior to that I prepated a list of around 100 questions alongwith my lawyer. When we started questioning her on each point of her Affidavit, Judge stopped us and said he would only consider three principles laid down by 2008 SC judgement ( maybe Chaturbhuj and Sitabai) - Desititution, Husband can support and whether there was any neglect

Salient points are below:

1. We established that my wife accompanied me in all my domestic and international trips. And at all these locations, she admitted that i looked after from "so so" to "very good"

2. She said i beat her and hence she left the home. Judge took it and recorded in the disposition at face value

3. I showed the judge that i had deposited nearly 20 lacs in her name solely. Judge asked my lawyer as to how much of the money can she use right away? Lawyer didnt answer and i didnt intervene since judge didnt ask me directly. I am planning to submit this point as my evidence.

4. We asked her on her alleged dowry from her father etc- she said they paid - so the disposition was " i dont agree that the allegation that my father didnt pay any dowry was false" - infact this was the same comment whenever she wa quiet or when she denied - eben though she didnt have any proof. My question is, is this somehtign to be worried about or something that we can take up during argument stage

5. Judge asked her thrice if she wants to join me back. she refused citing " i dont trust him" - judge also commented that he just sees an ego issue with her and he believes that i did beat her and he also thinks the lawyers on both sides didnt do any counseliing. I didnt react since it was her cross examination

6. In between when wife started crying judge said he will end the examination and delete all records.

7. Points where wife scored good points were when she accepted that its my and her shared responsbility to look after my old parents.

8. Wife accepted that with her educational qualifications she can earn upto 15K pm though she is not working now

9. Wife accepted that i have an insurance policy on my sons name with her as nominee but still neglected him

So question to experts- based on the above , am i on a strong or a weak wicket? I guess there is sufficient info provided and also admission on her part that i didnt neglect her. I definitely can support her. Now i guess i need to prove that she wasnt vagrant. Is this correct? Any other things i need to be prepared for my cross examinatio

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6 Replies

SAINATH DEVALLA (LEGAL CONSULTANT) 20 March 2015

The entire query is supportive to U and no where there is any thing that U have neglected UR wife.Fine.What made U both to get separated? Have U gone through the entire case history of Chaturbhuj vs Sita bai case?

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(Guest)

Nothing LIKE STRONG WICKET OR WEAK WICKET. IN MATRIMONY CASES, COURT SEES ONLY COMPATIBLITY AND NOTHING ELSE, IF YOU BOTH ARE NOT COMPATIBLE AT ALL, THEN COURT WILL GRAND DIVORCE, LATE BUT DEFINITELY WILL GRANT DIVORCE, IF SUCH IS CONTESTED. IF YOU BOTH ARE ON AGREEMENT THEN COURT WILL GIVE DIVORCE IN 6 MONTHS TIME.

MAINTENANCE YOU WILL HAVE TO PAY IF WOMAN IS NOT HAVING ANY SOURCE OF INCOME AND ALSO DOES NOT HAVE ANY EDUCATION. IF SHE HAS SOURCE OF INCOME AND IS WELL EDUCATED YOU NEED TO PAY HER MAINTENANCE FOR A PERIOD OF ONLY ONE YEAR AND NOT MORE THAN THAT IS THE LATEST SUPREME COURT JUDGEMENT.

ALL THE BEST.

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roshuv (Manager) 21 March 2015

Dear Gyan Prakash Sir,

Thanks for your comments.

Can u pls post the pdf copy of judgement of LATEST SUPREME COURT JUDGEMENT. IF SHE HAS SOURCE OF INCOME AND IS WELL EDUCATED YOU NEED TO PAY HER MAINTENANCE FOR A PERIOD OF ONLY ONE YEAR AND NOT MORE THAN THAT.

If Wife is MBA (Marketing+Finance) plus Diploma in Entrepreneurship. NOT working presently. She was previously working. As she has mentioned that in her Bio Data during marrg proposal. And mailed her resume to me via her email.

Now she demands One time Alimony. Is the SC judgement say anything on Onetime alimony. What are the chances that court grant her alimony on her high qualification and high education. (Further she has mentioned in petition that she got a job of 15000 pm but was not allowed by in laws as salary was very low.) Will that support her ability of working

Thanks.

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com) 21 March 2015

GYANPRAKASH JI PLEASE READ THE 2008 SC JUDGMENT WHICH THE AUTHOR OF THIS QUERY HAS MENTIONED.

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(Guest)

Originally posted by : roshuv
	Dear Gyan Prakash Sir, Thanks for your comments. Can u pls post the pdf copy of judgement of LATEST SUPREME COURT JUDGEMENT. IF SHE HAS SOURCE OF INCOME AND IS WELL EDUCATED YOU NEED TO PAY HER MAINTENANCE FOR A PERIOD OF ONLY ONE YEAR AND NOT MORE THAN THAT. If Wife is MBA (Marketing+Finance) plus Diploma in Entrepreneurship. NOT working presently. She was previously working. As she has mentioned that in her Bio Data during marrg proposal. And mailed her resume to me via her email. Now she demands One time Alimony. Is the SC judgement say anything on Onetime alimony. What are the chances that court grant her alimony on her high qualification and high education. (Further she has mentioned in petition that she got a job of 15000 pm but was not allowed by in laws as salary was very low.) Will that support her ability of working Thanks.

Court may interfere with one time settlement or not its totally left to its discretion, but it may suggest some figure for one time settlement looking at both parties financial status.

But even if she is educated or if she is a village bumpkin, or she waas or is working hardly matters in mutual divorce, you will be saving lot of time if you pay her one shot alimony or you will lose years plus pay her money in the end too.

So do your math.