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RISHI JI   15 December 2021

CRPC 125

My maintenance case was pending from 5 years. Evidance affidavit filed by petitioner and partially cross examination done (only 5 or six question). after that Wife didn't attend for cross examination and after giving a 2 year time, judge closed her evidence.

so want to know evidance affidavit which supported documents already tender considered as evidance. at the time of final judgement without cross of petitioner (wife)

is there any benefits for respondent.
if yes what benefit for respondent (husband)


Learning

 7 Replies

Dr J C Vashista (Advocate)     16 December 2021

It depends upon the nature of documents produced by wife.

RISHI JI   16 December 2021

supporting docs which is exhibited adhar card, marriage card, caw cell complaint streedhan list. and evidance by way of affidavit.
sir my question is without cross examination how can I disprove this evidance.

P. Venu (Advocate)     16 December 2021

The onus is upon the petitioner to prove her averments. Deposition is incompetent as cross examination has not been completed. In my understanding, the Court has to close/dismiss the petition.

RISHI JI   16 December 2021

P.Venu sir
Ld principal judge of family court put the matter for respondent evidance. instead of dismiss the CRPC 125 petition.

P. Venu (Advocate)     16 December 2021

May be, the Court would have taken the cross examination as completed. Your advocate is the best judge of the situation. Please try to ascertain the entries in the Order sheet.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     16 December 2021

If you are not a govt. employee then change your address and never disclose it. The following link may guide you.
https://www.facebook.com/permalink.php?story_fbid=2178152665847487&id=100009583254195

Aryan Raj   16 December 2021

In response to your query,

"Order for maintenance of spouses, children, and parents" is dealt with in Section 125 of the Cr.PC. The following individuals can claim and receive maintenance under Section 125(1):

Wife from his husband, legal or illegitimate minor child from his father, legal or illegitimate minor child (physical or mental abnormalities) from his father, and father or mother from his son or daughter.

In your vase because your wife didn't show up in the court that's why you have now provide evidence so that you can be relieved from the claims, and you cannot get away from this without cross examination. In simple words you just have to do enough to convince the court that you are innocent and you can also file a petition for being harassed by your wife for 2 years with unnecessary court proceedings. 

Regards,

Aryan Raj 


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