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Parth Chandra (none)     27 January 2011

Crpc 125 - Cross Examination

Hi Friends,

I am respondent in crpc 125 case which is going towards my cross-examination.

The case is for final maintenance only and hence no interim maintenance has been awarded.

I have not disclosed my income in my initial written reply but written that my income is not what my wife is saying (Which is true as my income is not exactly same but more than what my wife has mentioned in her reply)

I have time and again in my written and verbal replies showed my willingness to take my wife back even if she keeps the cases (498a, crpc 125) pending if she wants to give our marraiage a chance but she refused at all times saying that I drink alchohol, beat her, demand dowry etc. etc. which all are false. Moreover. she has only provided an affidavite without any other proof.

I want the case to be settled on merit and as I am ready to live with her and it is she who deserted me and not willing to come back even after my repeated requests.

Now my question are

1) why should I produce my income proof or confess anything regarding my income?.....but also apprehand if it could be considered as supression of facts.

2) what possible questions her lawyer can ask me particularly related to my income and what should be my reply?

Kindly enlighten me with your valuable thoughts.



 7 Replies

Parth Chandra (none)     28 January 2011

Can anyone kindly reply?

minaz dandhala (lawyer)     17 February 2011

you must file peition for restitution of conjugal rights. you must prove that you are not responsible for the desertion, on the contrary your wife wilfully deserted you. your wife needs to prove all her allegations against you and also regarding your income. you are not burdened to prove anything agains you.unless in specific circumstances court asks you to do so. In your defence you can cross examine her to contradict her statements.

Ambika (NA)     17 February 2011

Your wife may demand through court your income tax returns statements, your bank statements. The court can also ask your company ( if you are a salaried person) to produce your salary slips. 

The court also sometimes guess about the salaries and business income, as in many jusdgements which are available on LCI , the courts have opined that it is a common practice not to show real income. 

Avnish Kaur (Consultant)     17 February 2011

dont hide facts from the court. be ready to give her maintenance , fight 498a thru a good criminal lawyer and file divorce on basis of cruelty 9false allegations). try to find her income(if any )proofs.

1 Like

What's in a name (Director )     17 February 2011

Very good advice by Avnish. 

Remain honest and fight your battle. Honesty pays. If your wife is telling lies, expose them, but do not hide the truth about your salary.

Satish Mishra   01 January 2018

Can cross examination be done of wife who has filed 125 before interim application gets decidea.

Biswaranjan Panda (ADVOCATE)     02 January 2018

Interim maintenance means relief provided to you while the case is still pending before court and the final maintenance amount is yet to be decided. In addition the Magistrate can also order to pay the supporter to pay you expenses for the legal proceeding.

The Magistrate should provide interim relief within sixty days, as far as possible.

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