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virtualgod (na)     25 October 2013

Crpc 125 for nri and nri presence via poa

Crpc 125 is quasi criminal. It it not fully criminal. My crpc was filed in July 2013 and ex parte to pay ""X" rupees was passed on the same day. After that on the first date, we were absent, on the second the girls side was absent. My lawyer had put an objection in front of judge before 3rd date saying she is capable to earn etc. We were not paying "X" amount per month. When on the 3rd court date both parties were present, judge started shouting at my father and my lawyer. He said to my father POA is useless and that him and my lawyer are nothing and that I should be present in the next court date. We got the tender and deposited the money. I live outside India. My next court date is few months away. I want to have judgments which I can use to go to HC and get permission based on that, that the lower court judge was wrong in not letting my lawyer litigate on my behalf. This is a wuasi criminal matter and not even a full criminal case.

What judgments and arguments can I use? I want to use the same for my DV case. I know once I visit India, the court will cease my passport for many months and I will loose my job forever. Article 21 guarantees right to life but can some things from Indian constitution regarding right to livelihood and SC judgments be used or not. I need some example judgments. Please help



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 4 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     25 October 2013

Dear Querist

if you have strong proof related to her earning then file a revision petition before session court or High court u/s 397/399/401 of Cr.PC and argue the matter through your advocate. there are many judgements of SC/HC regarding this point. if you want the judgements you can send a mail to me.

virtualgod (na)     25 October 2013

@nadeem qureshi, thanks for the reply.

I have not proof if she is currently earning or not. I only have proof of her btech qualification and her experience certificate that she is qualified to earn. She is not working currently or working I don't know  and have no info about it.

 

In this case will your suggestion still help?

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     25 October 2013

Dear Querist

file a revision petition on based of her qualification because it is clearly mention in the section 125 that if she is unable to maintain her self. fight the case on this point. you can send a mail to me for further assistance

T. Kalaiselvan, Advocate (Advocate)     25 October 2013

If you are not able to convince the court that she is earning and has sources of income which is sufficient to maintain herself, you cannot go through your case and you stand lose your grounds for counter claim.  Just merely telling that she is highly qualified will not enough to prove that she is earning, she has to be employed and the authentic details of her employment  has to be furnished before the court unless you will not be able to prove anything against her.  Further, the POA factor will be acceptable only to certain extent because if the POA is not able to adduce proper details on your behalf and if it is not reliable, the court may reject the POA to represent on your behalf.  It is not that the law can be bent  always as per our will and wish, we have to respect the law and  abide by it only then we can expect the justice.  


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