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J. Gopinath (Freelance writer)     06 July 2013

Crpc 125 - trial strategies

Dear Sirs,

 

I am Petitioner Husband filed for Divorce in Chennai PJ Court on the grounds of mental cruelty and desertion in 2006 and got the divorce decree in my favour on both grounds recently.

 

The Respondent had already applied for interim maintenance u/s 24 for self and minor son (9 Yrs) and was awarded Rs.3000/- pm, (even though i do not have a permanent employment) and i paid in full.

 

The Respondent in main OP also filed  for maintenance under Crpc Sec 125, which is due for cross examination of the R. 

 

The brief facts of the case:

 

1.  Petitioner wife  holds a M.Sc degree, Diploma in journalism, DCA in computers.  Prior to marriage, she worked as Sub editor.  She is staying in her mother’s house (own) worth about Rs.70 Lakhs.

 

2.  I hold B.Com degree, at present working as copywriter, translator on freelance basis.  No permanent employment or income.  Staying in rented house with my aged parents.

 

3.  In the Main OP cross examination,  she agreed that her financial status is better than ours.  And that she was employed prior to marriage as Sub editor  and that she stays with her mother, who owns the house.  She also agreed that she is dissatisfied with my career, qualification & income.

 

4.  She is able-bodied woman, highly qualified and capable of maintaining herself.  She is working as freelance writer, editor as a freelancer and makes a decent earning.  As she is doing freelancing, it is impossible to prove her income or employment.    

 

Please help me with your valuable advice on the following:

 

a.  If she goes for an appeal in HC against the grounds on which divorce decree was ordered, what should be my strategy w.r.t. the Crpc Sec 125 case?

 

b.  Judgment citations denying maintenance in Crpc 125 cases on the grounds of proved mental cruelty and desertion by wife.

 

c.  She was having joint SB A/c with her mother during 2004.  And, must be having heavy bank balance with new SB A/C.  How can I bring out the truth from her?  Is that correct that I can seek the assistance of Court Commissioner in finding out the income sources of the Petitioner?

 

Thanking all in advance for your valuable time and guidance.

 



Learning

 7 Replies


(Guest)

Attaching few judgments of HC, SC.




(Guest)

Citations regarding 125 crpc cases, here.

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Regards,


Attached File : 1017024349 sc no maintenance for erant women sc.pdf, 1017024349 sc no maintenance for erant women sc.pdf, 1017024349 sc nomaintenanceifwifelies.doc downloaded: 350 times

(Guest)

 

Originally posted by : J. Gopinath




Please help me with your valuable advice on the following:

 

a.  If she goes for an appeal in HC against the grounds on which divorce decree was ordered, what should be my strategy w.r.t. the Crpc Sec 125 case?
Divorce petition separate.  125 crpc petition separate.  Fight on basis of merits of case.
 

b.  Judgment citations denying maintenance in Crpc 125 cases on the grounds of proved mental cruelty and desertion by wife.

Provided above. Go through citations thoroughly, and use as needed. 


c.  She was having joint SB A/c with her mother during 2004.  And, must be having heavy bank balance with new SB A/C.  How can I bring out the truth from her?  Is that correct that I can seek the assistance of Court Commissioner in finding out the income sources of the Petitioner?
Yes, you should be asking for appointment of Court Commisioner to get such unnknown income details of your lovely.
 

Thanking all in advance for your valuable time and guidance.

  • Use thank button to convey your appreciation.

Adv k . mahesh (advocate)     06 July 2013

already you are working as a freelancer so you should know how much they will pay to cite the payment details and if possible also give your know person who is earning working in the same field salary structure as evidences for maintenance  

 She is working as freelance writer, editor as a freelancer and makes a decent earning

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     06 July 2013

nothing left to add well advise by experts

J. Gopinath (Freelance writer)     06 July 2013

Dear Sir,

Thank you very much for your time and help.

Regards

Gopinath J


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