LCI Learning
Master the Art of Contract Drafting & Corporate Legal Work with Adv Navodit Mehra. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

hari (b)     15 August 2010

Interm Maintainance

sir ,

my filed a case for maintanance in 125 crpc . At hearing of Interm Maintanance application my lawyer did not raise an important issue that I had challenged that she was not unemployed . I had given proof to my lawyer . The court reserved the order for next date 40 days from now . my Lawyer is my relative so I can not leave him too he is not suggesting much either . Can some application be given to the court before date of pronouncment of order of interim maintanance . How to bring it to notice of judge before he passes order ??

please help me



 9 Replies

hari (b)     15 August 2010

it is my wife who has filed the case


(Guest)

chsnge ur lawyer even if hes ur relative

hari (b)     15 August 2010

but what is the remedy at the moment . I need to know what my new lawyer should do to inform the judge before the order is passed .

Arvind Singh Chauhan (advocate)     15 August 2010

File an application that you want to produce such proof at this stage. If order is already passed file revision on the same ground.

Guest (Guest)     15 August 2010

First your have to move an application along with proof of your wife's income to the court to consider this aspect.  In this application, you have to clearly give explanation, that why this fact has not been brought to the notice of the court on earlier occasion and also ask the court that it deems fit, it may give opportunity to the wife to rebut this particular fact.  After all, you have to find out from your advocate that the alleged proof you have in respect of your wife's employment and income can stand the scrutiny of the court if principles of "Evidence Act" are applied.

hari (b)     15 August 2010

thnks arvind ji and prabhakar ji .

please tell whether the application can be moved on the next date or before that also .

Generally the judges postpone applications for the date of next hearing .

Guest (Guest)     15 August 2010

You have to move application immediately, without bothering the next date, so that the judge will take appropriate action on the application first before passing the interim order on the next date. 

1 Like

(Guest)

I agree to Sh. Prabhakar's advise.

1 Like

tortured_aathma (none)     15 August 2010

u can move the application

but u shld find out about loyalty of ur lawyer too as it was very important for him to prove that ur wife is working and i think even a lawyer with 1 year experience knows how important this fact is in CRPC 125/maintenance case.  go for a good/paid lawyer. 

1 Like

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register