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Arjun Gupti (Business)     29 November 2012

Help need regarding 'maintenance' case filed by wife

Hi, my wife submitted an application in Distt. court in Sep. 2012 and I receved a notice reg. that in Oct. 2012. I have to be in court in Dec. 2012. I have decided to represent my case myself instead of hiring an advocate. No offence to any advocate on this forum, but I really want to fight this case myself as I think I can explain the facts in a better way. Now can somebody please suggest me the next steps and formalities required before I appear in the court in Dec. 2012? Can I ask the court to give me some more time to file a reply? Or should I file the reply during my first visit itself? Thank you.



 12 Replies

Arjun Gupti (Business)     29 November 2012

Also can I ask the court to postpone (delay) this case as my AB application is still in High court and I am on interim bail. Can court allow me to fight this case after I have got a decision on the AB application (hearing in Jan 2013)? Thank you. 

victim (master)     29 November 2012

If its crpc 125 then you can try on your own but if its under dv then it will be a risk without a lawyer. Any how all the best. AB proceedings has nothing to do with maintenence case.

Arjun Gupti (Business)     29 November 2012

Yes it is 125 CRPC.

RK (adada)     29 November 2012

CRPC 125 is with Mahila Court, Yes you can represent on your own and can ask for more time,

however its advisable to hire a lawyer to do the documentation and preparing the reply.

Boss, remember that court cases takes years, try to find a win win solution to get away and take a mutual divorce...

Arjun Gupti (Business)     29 November 2012

Sir they were demanding 25 lakhs which we refused to give. Marriage was not consummated (girl too admitted this in her statement). Now they have filed this case, hoping to get 30k a month. I am not stupid to spend more money on lawyers so I will fight this case myself. This will give me a chance to say nice things to her in courtroom. 

Arjun Gupti (Business)     29 November 2012

I would have fighted my own case for AB if I was allowed to appear in public and court. But 125 is a good opportunity for me to teach them a very good lesson. 

RK (adada)     29 November 2012

Ok Arjun But you need experience to fight your case and preparing the replies in Legal language..

Its up to you, However I will advise to hire a junior lawyer for preparing the replies which you can get Cheap

SAM (LEGAL)     29 November 2012

Dear,

 

            You can appear in person and can contest the case yourself without any lawyer, but you have not mentioned anything about why your wife have filed case against you? What was the situation and circumstances which led her to file case? If you also and your wife too wants to have mutual consented divorce why she wants money for? How she calculated 30 lacs amount as her settlement money? If she wants maintenance from you then she is applicable for only 1/3rd of your salary and if she is working women then she is not entitled for maintenance amount.

 

Regards,

 

SAM

Arjun Gupti (Business)     29 November 2012

Yes sir, that is my plan to hire a Jr. lawyer that can help me with techinical terms as I cannot submit my reply in layman language. Is there any time-limit in submitting the reply? Can I get some online help regarding formats for replying back to maintenance cases. Thank you.

Arjun Gupti (Business)     29 November 2012

She has filed the case on the basis that I threw her out of the house after beating her, I was asking dowry, I was harsh... same story that every women uses. 

Newpal (none)     29 November 2012

I am representing my own petition in a Family Court to set aside an ex parte divorce decree against me. Every time I appear before the Court the Hon'ble Judge asks me if I have a lawyer and I say No.

My case is pending almost for two years now and I have mixed experiences. I did some mistakes like I attached some documents with my petition only later did I realsied that I should have not disclosed my cards so early and I could have waited until my evidences were recorded or the arguments took place. I even didn't mention the rule or section under which I filed my petition and this was objected to. I also learnt that its tricky in the courts. And it helps if you know the tricks. Sometimes it helps if you have an idea about the opponent's next move, or the pros and cons of your own move.

I take paid guidance from a lawyer. I draft my petition, reply, rejoinder, written evidence but I let the lawyer do the finishing work. Now I always talk to a lawyer about strategies, court procedure, rules etc. Apart from that I do a lot of online research. I know I have taken a risk but I am ready to face the consequances.

So its not impossible, but it depends and in your case only you can decide weather you are equipped with the skills to represent yourself in the court of law.

All the best!

satya prakash (Clerk)     30 April 2013

Marriage is not consummated then how come Wife can ask for Maintenance?


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