Debasheesh Maitra (service) 05 November 2010

How to get the proofs checked before hon'ble court?

My wife has filed a false 498a case against me. Later she filed maintenance case under CRPC 125. All thorugh the period she was ably supported by her parents and a policeman acting as her brother. Later the said police man confessed before a person, whom I had hired for collecting proofs against my wife, as I am not in a position to return back to my house where she is living along with her parents and our minor son. Final hearing will take place on 16.11.2010, when I shall be heard. I have the proof ready against her illegal acts. I could not go to the local police station to file a complaint against that man. My locality people are afraid to come to court. They only give me moral support. Kindly advice me what to do.

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3 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh) 07 November 2010

Maintenace is the right of a wife if she is unable to maintain herself and even if her parents and brother are capable to maintain her. Husband has got no right to question the economic viability of the parents of the petitioner in any way. So far as proofs are concerned, those can be brought in criminal case only in defence, if your counsel thinks those prrofs genuine and helpful to be brought on file.

Debasheesh Maitra (service) 09 November 2010

Respected Makkad Sahab,

Thank you for the advice. Will the recorded evidences against my wife in CRPC 125 favour me in any way? Can I hand over the CD direct to the judge during hearing process and request him for voice recognition test? Will my wife still get maintenance even after deserting me, driving me out of my own house with the help of hooligans? What is the alternative then? How much is the proportion of maintenance she and our son are likely to get out of my earnings? Is there any way how I can provide support to my son?

Regards,

Debasheesh Maitra

Dineshwar Singh Kaushik (Advocate) 14 November 2010

There is no such proportion of maintenance that what to be awarded from the earnings of husband.You can hand over the CD to the trail magistrate but only in your defence evidence .