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Sidharth (Officer)     01 June 2014

Is oral reply to crpc 125 application acceptable in fc

Respected Members, I have posted earlier that My wife has filed CrPC 125 and Sec 13 against me. The case has been going on for almost one year now. She has filed the case at her native place, However I being in defence, am posted to another place, and my lawyer is in my hometown which is at a third place. Now till now, I have given detailed written replies to her applications and that have almost given me an upper hand. The 125 case was in testimony stage and Sec 13 in Evidence stage. Now to my bad luck, The judge got transferred, And now my wife has filed additional applications in both Sec 125 and Sec 13 cases which the new judge has accepted. Though the additional allegations are again without any evidence, and I can very well refute them in my reply, But my main probelm is that to prepare written reply, I have to take additional leave from my base, Go to my hometown, Spend thousands on lawyer and documents and then submit the reply, Also causing further delay in the proceeding of the case. My wife knows that I have dearth of leave and also money thats exactly why she is doing this. So now my questions are..

1.  She said my salary is 92,000 in her initial application for CrPC 125 and it's interim. This is my gross salary, In my reply I submitted enough evidence that my take home is 25,000 and Judge accepted this and ordered 10,000 as interim maintenance, clearly spelling out the breakdown of my income and expanses(PF, Tax, House Loan etc). Now in new application she has again quoted that my salary is 92,000, my dad's salary Rs 50,000, Rent income of Rs 25,000 and again seeked Rs 50,000. The new judge has accpeted this application and asked me to give reply. Can I refuse to reply at all and ask her to prove what she has alleged ( Obligation of Proof on Accuser) or alternately Give a Verbal Reply under Oath thus saving me the precious leave and lawyer expanses.

2. She has sought that I give affidavit that my salary is NOT 92,000, My Dad's salary is not 50,000 and he is NOT Employed and My rental income is NOT 25,000. I can give affidavit that my salary is NOT 92,000 but 25,000. But I can not give Affidavit that my Dad is not employed for other reasons ( Though His salary is 15,000). Similarly I have No rental income, There is a flat on My mothers name from which rental is 9,000. This again I CAN NOT give affidavit that My mother is earning. Is it possible to refuse declaring Employment and Income of my Parents in my afidavit. As such I do not fall under HUF due to me staying away from family (Defence). And also I have not sought any relaxation on account of giving money to my parents. Without giving them any money, My Take Home is 25,000 which I can give affidavit.

3. Can I say that since My Testimony and Cross is due in Next hearing for CrPc 125, Instead of Court expecting me to reply to her application, She can put the same questions in Cross to which as such I will reply under Oath along with submission of evidence.

I hope I have clarified my delimma, I have all the proof and facts to discredit her applicatons, But I do not have time or money to do so through Written Replies.

Please Advice..



 12 Replies

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     01 June 2014

Please file perjury against her affidavit in cheap, oral witness and contradictory points for both 125 CrPC and Sec 13 HMA in the same court respectively.

 

Please take reference from my post for details from the links bellow: -




https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U4rXrnbYVdg

1 Like

Sidharth (Officer)     01 June 2014

Sir, I have already prepared 6 different applications for perjury against her, Because When it came to her Testimony, In My cross I could bring out all her lies and she has given exactly opposite testimony then what she said in her applications. Infact Her different applications themselves have contradictory statement over the same allegation ( Ek Jhooth 4 baar bolo toh 4 alag alag version bante hi hai). Now I know that the law exists that a Judge can take Perjury cognisence on his own or on application by the aggrevied under Sec 340 even in an ongoing case. However, The judge simply refused to accept these applications and said that I don't have valid reasons ( Without even glancing at the applications). All my applications are very accurate and are based on contradictions in Her own Applications/ Affidavits and Testimony. Can I firmly tell the Judge that He is bound to accept these applications, And If he is refusing then he should do it in writing by Officially receiving the application and Rejecting them ( So that I can Take Them for Review in HC)

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     01 June 2014

It is strange that the judge has accepted such application at belated stage, however, once an order has been given by the court, you either need to comply with the same or challange that order.

 

Oral replies are not acceptable, so you better get to the grind and give a befitting reply.

 

 

 
Regards,
 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     01 June 2014

It is strange that the judge has accepted such application at belated stage, however, once an order has been given by the court, you either need to comply with the same or challange that order.

 

Oral replies are not acceptable, so you better get to the grind and give a befitting reply.

 

 

 
Regards,
 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     01 June 2014

This is the problem with the corrupted judges.

 

If that judge is refusing that ask him to write it to the order sheet with reason.

 

 BOMBAY HIGH COURT

CRIMINAL APPLICATION No.1115/07.

(Para 7 & 8)

 

Please show this citation to the judge. Whenever perjury will be filed it should be taken as a separate miscellaneous criminal case.

 

If that judge still refuses and writes the reason in the order sheet then file Criminal Writ against that order.

 

Please take reference from my post for details from the links bellow: -




https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U4rXrnbYVdg

Sidharth (Officer)     01 June 2014

Shonee Sir, The applications were accepted by another ADJ as the Family Court Judge ( Who himself is Newly posted and is totally unaware of my case). I only got the next hearing date with instructions to give reply. On the next date can I request the Judge to first go over my case/ Hear my case in chamber before accepting and asking for reply of these applications. Also I have read that Only Sec 13 petition replies are bound to be given in writing and no other, I am not able to find that provision now. Sir, If I have to give time and money to prepare written reply to her each and every application That is the only reason which will force me to break down and acceed to her demands.

great india (manager)     01 June 2014

If you are paying the maintenance ordered. Chill..... Let cases reach final stage. If you wanna save time and money, let it go expartee......see wats the final order. If its out of budget, file condonation delay and appeal ....till then save money and time...... As you have submitted WS denying her allegations..... You can relax. Let her divorce too go expartee if no other cases pending. Later you can challenge both simultaneously in higher courts. This can save time / energy+ money. Let judge do all thinking before order. You can later appeal against everything....... Let her taste her own venom later on...... You can bring a stay over previous orders pending appeal.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     02 June 2014

Sidharth,

 

You should take this ground on your case. You should tell the judge to proceed with evidence etc. as you file a reply etc. to this application. The case can not be kept pending because of IAs, that would be a gross misuse of law.

 

Great India,

 

Don't the HC asks to deposit the 50% of maintenance amount before hearing the appeal against ex-parte judgements? Won't that be a drain on the Husband?

 

Regards,

 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.

Sidharth (Officer)     02 June 2014

I have submitted all the evidence with my written reply to her initial applications both in Crpc 125 and Sec 13. But now when the case is in evidence/testimony and no further paperwork was envisaged me, she has put additional applications putting more baseless claims (e.g. Initially She alleged my income is 92,000 and I gave all breakdown and evidence of my take home being 25,000 out of which 10,000 was ordered as interim, The same breakdown was given for Main Crpc 125 application and Sec 13 application, Now She has come up with a figure of my income being Rs 92,000 + 50,000 Father's + 25,000 from House rent, Both of the later are not true and are neither a basis of deciding maintenance). So is it a good strategy to not submit reply to these applications and let the case go expartee?? What are the consequences/possibilities of me attending the hearing to continue original applications but not submitting the replies to these fresh applications?? I can afford to hold on to the case till the time the interim/final maintenance is limited to Rs 10,000 p.m.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     03 June 2014

You should ask for her evidence to be closed for not bringing the evidence and filing these frivolous applications, but when you have been asked to file a reply to the applications, you better do the same too.

 

 

Regards,

 
Shonee Kapoor
www.shoneekapoor.com

If you don't fight for what you want, don't cry for what you LOST.

Sidharth (Officer)     03 June 2014

What is The method of asking for Evidence To Be Closed..?? Is there any Act/ Rule for that..??Can I ask for it verbally..?? Or I'll have to again take additional leave to get a written application prepared and spend on the Lawyer for drafting. Wouldn't the Judge again put case on hold and ask them to reply to my appliction before proceeding further..?? (Ultimately ending up spending time and money, Getting the Case delayed and continue to pay interim mintenance.. Exactly the things I want to put a stop to..)

KISHAN DUTT RETD JUDGE (RETIRED JUDICIAL OFFICER)     17 March 2018

Dear Sir/Madam,

Since your case is complicated case as such I require documents and same may be send to my email/PM (personal mail) for detailed legal advise.

 

With regards,

Legal Expert


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