I am seeking your kind assistance & opinion from the Experts of Law
Under Section 125 my wife has been bestowed with Rs. XYZ as monthly allowance by the respectable judge in the lower court. As my wife has claimed that she is not working and on the same grounds she has gone ahead and issued a Distress warrant against me u/s 125(3) for the realisation of maintenance and non payment of maintenance. Which I have refused to pay till date.
Now in the Lower court the file is missing (which I smell a foul play as this is the 3rd incident during the entire course of case that my files have been gone missing ( I suspect my in-laws who are capable of doing so due to their influence) where my wife has submitted the affidavit that she is not working. I have complete evidence through the RTI that she is working and had a substantial source of income in that duration when the orders of maintenance and distress warrant was issued against me.
Now this file is missing from the court premises and to counter that maintenance and the order for execution of maintenance we have submitted the proofs in the court as the order was passed without listening to my appeal and without even calling me for the submission of facts.
My Questions ::
A. Can I go to the High Court to quash this order?
B. If the file is missing and the affidavit is missing from the lower court then what is the possible course of action & assistance I can expect from the High Court to retrieve that file from the Lower Court?
C. Can I call or summon Honourable Judge of the lower court who has issued the order on the grounds when the affidavit is produced & submitted by my wife to the respectable court stating that she is not working, on the grounds of which the honourable Judge has issued the orders? (As I do have evidence of her income)
