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Maintenance under sec. 125 cr.p.c

Page no : 3

Biswanath Roy (Advocate)     30 June 2015

This platform is meant for "LEGAL ADVICES TO THE NEEDY LITIGANTS" but not a platform for "DEBATE". If you can arrange for a  A DEBATE I shall gladly partcipate.

stanley (Freedom)     30 June 2015

 

@ Roy

 

 

with all due respect to you ,"you are like a grand father to us" .

 

 

All along i was under the impression that you were debating about visitation hence my previous post and you kept answering earlier .  The two of us live miles apart and time is a constraint taking into consideration our work and as well as fighting our cases.

 

 

Was it not you who quoted the below mentioned sentence in bold 

 

 

"As because my fees are hefty and not affordable to pay by ordinary litigants so I VENTURE TO SERVE THEM  with my costly advices and opinions free of charge considering welfare to the society." 

 

 

So lets debate and let we as well as the the litigants gain knowledge from your experience .

 

 

As a matter of fact many would come into the picture and put in their views .

 

 

"You can take a horse to the water  but you cant make it drink from it "

 

 

 

 

 

 

 

Biswanath Roy (Advocate)     30 June 2015

Personally you may continue your debate through my E-mail ID. bnroy.advocate@gmail.com. NO HARM. But prior to that you must acquire thorough  knowledge in our Constitutional rights, Principles of Guardians & Wards Act , Principles followed by ENGLAND, AMERICA, NEW ZEALAND & AUSTRALIA in consideration of the rights of fathers and mothers related to our topic and above all pinciples laid down in HALSBURY'S LAWS OF ENGLAND.  After following all those laws and principles it will be convenient to me to take part in debate with you.

stanley (Freedom)     30 June 2015

Thanks for your response .My email id is Stanleysvaz@ gmail.com.. Considering your age and experience  I know to what level you are capable of taking this  . I have already put in my views so i await your response on just the  indian position of law  i dont want to dig into the others .

Biswanath Roy (Advocate)     30 June 2015

My views already posted in response to given facts by the Author is sufficient and conclusive. Indian Laws are nothing but rectified colonial laws. So unless you know colonial laws you will not be able to understand its significancies.  Even our Constitution is a compilation of Federal Constitution and English Constitution.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     01 July 2015

Originally posted by : Biswanath Roy
My views already posted in response to given facts by the Author 

   However, not all smiley

 

1 Like

Ganesh01 (govt servant)     06 July 2015

Thanks for the generation of interest by the EXPERTS.

Sir,

As the divorce case was on from 2013, I was requesting Judge in the court for allowing me for visitation rights, meanwhile judge made her toget the kids to court 2-3 times. Now the MAINTENANCE sec. 125 cr.p.c, last 6 months she is not allowing me to talk to kids. As you guess, I'm SCIENTIST in Defence and with good personality. Only thing she got job and thought she does not need me anymore.

Now at argument stage they fixed the amount to Rs. 10000 for both the kids per month.

Now what are the options for me to VISIT MY KIDS.. She has changed the school and now i don't have any information about them. Please Advise.

Biswanath Roy (Advocate)     07 July 2015

You shall have to file a petition in the Civil Court for visitation of your children. Mention before the Criminal Court that for maintenence of children father and mother both are liable to contribute according to their pay scale.

stanley (Freedom)     07 July 2015

@ Author . 

Normally in such cases who so ever has the custody of the child tries to aleinate the non- custodial parent by transfering the child to another state or altogather to another country .

Custody case of child by non-custodial parent can only be filed only under one Act.  If you have filed S. 13 HMA then she has option to file for custody under HMA the Act using S. 26 HMA. OR under GWA The Act U/s 25 r/w S. 10, 17 GWA and a seperate Application U/S 12 GWA r/w S. 151 CPC but never under both Acts hence consult your lawyer .

 


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