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Amo (non)     07 July 2012

Defense stuck in crpc 125

The Order of Defense Struck was passed by the FAMILY COURT against me against the outstanding of Rs. 23000/. I was only able to pay 5K in the court against 23000/-. Earlier I had deposited Rs.2000/- in March. Still the Order was passed and now my defense has been struck.
This is to inform you all that I have already filed Evidence on Record.
Request you to kindly suggest the further course of action as i want to contest this CrPC125 case as my evidence has all the necessary proofs to reject the maintenance.

IS there any citation/case law which states that the defense struck cannot be decided without Execution petition.

Date of Interim Maintenance Order- 5th Jan 2012.

Rs. 5000/ from the date of interim application i.e. 26th Dec 2011.

Total amount paid till date:- 7000/-



Learning

 8 Replies


(Guest)

How much salry/earnings you are getting?

Adv. Chandrasekhar (Advocate)     07 July 2012

As per the procedure, you have to challenge the order - striking your defence before the Additional Sessions Judge in revisional jurisdiction and if you are interested even the interim order of maintenance.  If you are in a sound financial position to make such payment but adamant not to pay it, then you will not get relief even in revisional jurisdiction.

Amo (non)     09 July 2012

Dear Adv Chandu,

Pls let me know the following.

1. My case in Family COurt.

2. I had already filed CrPC 407 to transfer the case in Bombay HC, as I apprehend that unfair & impartial trail is not possible in the family court. I had given variuos evidences.

3. Is it possible to challenge the Defense strike out in Additional Sessions Court, as the case in Family Court. Becox as per my knowledge every appeal/challenge against Family court has to be filed in High Court??

4. Last but not least, I'm jobless since May 2011, before the CrPC 125 Case initiation. And I had place the same on record. But according to the Family court Judge the Notice of Termination is not proper evidence to confirm that I'm jobless.

Rahul T (Engineer)     10 July 2012

@Amu,

           I am not a Lawyer,  Let me suggest something from my little knowledge about 125 Cr.P.C… Lawyer friends, please correct me if I am wrong any where…

 As per Me…

                     Amu you join in some full time higher education course like, MCA/MBA/MA or PHD etc… and produce those document before the court & ask for removal  of maintenance, since you are studding & during that time you are not earning anything… As per my knowledge, this excuse is always accepted by the court. And will get relief from paying maintenance during the course duration…& by that time, using your proof do what ever you want…

 Rahul

Rahul T (Engineer)     10 July 2012

@Amu,

           I am not a Lawyer,  Let me suggest something from my little knowledge about 125 Cr.P.C… Lawyer friends, please correct me if I am wrong any where…

 As per Me…

                     Amu you join in some full time higher education course like, MCA/MBA/MA or PHD etc… and produce those document before the court & ask for removal  of maintenance, since you are studding & during that time you are not earning anything… As per my knowledge, this excuse is always accepted by the court. And will get relief from paying maintenance during the course duration…& by that time, using your proof do what ever you want…

 Rahul

Amo (non)     23 July 2012

Dear All,

This is to inform you that the Order of Defense Stuck passed on 6th July 2012 has been set-a-side on 19th July 2012.

 

Thanks to all those who have helped me in doing soo........

 

Thanks & Regards,

ARK

1 Like

Fighting for a cause (Defending court cases )     23 July 2012

Your Defence Struck order was set aside by which court, add session judge or highcourt. Do you have to deposit the arrears for this order.

Amo (non)     24 July 2012

My defense stuck order was set aside by Family Court itself........who had passed the Defense Stuck order but by different Judge.

Yes, i deposited Rs. 8000/- for the arrears of Rs. 35000/-.......and also filed by bonafieds to support that Im unable to pay the entire amount.


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