Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Sidharth (Officer)     02 June 2014

Option of letting fake crpc 125 case go ex-partee

My Wife Filed Section 125 CrPC along with interim, All allegations were baseless and without any evidence from her side. In my reply I provided counter evidence against all her allegations. Still The Judge ordered Rs 10,000 interim ( Atleast not Rs 0,000 as demanded by her). But after that also 5 more months have passed with hearings every 15-20 days. I being in defence can not go to attend the hearings in her hometown so often, And she on her part is trying to delay the case by continiously filing additional applications with more baseless allegations still without any evidence or proof. I am sick of spending time and money submitting replies.

WHAT WILL HAPPEN IF I NOW STOP ATTENDING THE HEARINGS AND LET THE CASE GET DECIDED EX-PATREE..?? WOULD THE JUDGE STILL ASK HER FOR EVIDENCE OF HER ALLEGATIONS AND CONSIDER THE EVIDENCE ALREADY SUBMITTED BY ME TILL DATE BEFORE PASSING ANY ORDER OR HE WILL SIMPLY TAKE MY ABSENCE AS MY ACCEPTANCE OF HER ALLEGATIONS AND PASS ORDER IN HER FAVOUR...??



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 15 Replies

Q Slinger (NA)     03 June 2014

Never ever let a case go Exparte! Always attend the court dates and fight your cases. exparte will make you look like the bad guy.

Dr J C Vashista (Advocate)     03 June 2014

Where are you posted (in defence), it is not any war-time/operation where you donot find time to attend the proceedings in the maintenance case filed by your wife against you?

Even otherwise, if you cannot attend the Court on each and every date, what has your lawyer been doing that the court has to proceed ex-parte, which is in favour of petitioner (wife)?

Why donot you contenst the petition when you have adequate evidence to prove that the allegations are false?

Unbelievable and hypothetical query

laxmi kant joshi (instructor)     03 June 2014

Sidharth you have to fight your case patiencely , court will work as per procedure, if you have any objection regarding your case you can raise by moving an application, you may object also all those applications which she submit in between additional to this case , if you can not attend all your hearing dates then it doesn't matter why your lawyer is not managing it what the hell he is doing , if you will not attend your court hearing then court will presume that you had accept all her allegations which she had imposed on you , and passed ex-parte order in her favour and you will be the big sufferer in all of the case which she file against you she will exhibit this exparte order in all the cases and try to get benifit of it , therefore brother don't give up fight The case and give all relevant proof of her allegations and make high objection if you find she is trying the tactics to lingeron the case , if your lawyer is not cooperating you then change it and engage another dedicated lawyer for your case .

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     03 June 2014

Repeated query.

 

 

Regards,

 
Shonee Kapoor

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

Sidharth (Officer)     03 June 2014

respected Members, It is not that I am not finding time, But We have limited leave and I have consumed more than half of my leave for this year already only because of the dates. Each Hearing necessiates 3 days leave and almost Rs 5,000 in terms of travelling, stay and lawyer fee. Normally everyone in defence takes 25-30 days leave in a stretch twice a year. Otherwise we suffer professional setback due to incontinuity in work. My Query about Ex-Partee is that without even a single evidence and only heresay allegations, would the court decide case in her favour. Is It Not like that I file a Case against any random person of running away with Rs 10,00,000 from my house and when that poor innocent chap has neither proof, nor time not money to fight the case or to prove that he did not run away with that money, so would I WIN THAT CASE ALSO EX-PARTEE. WHAT ABOUT OBLIGATION OF PROOF ON THE PETITIONER.???

Sidharth (Officer)     03 June 2014

Dr Vashista, NO Sir I am not at war with the enemy at border. If you had any idea about a defence officer's working. We have shared workload. SO whenever I go on a 3 day leave, The work which I was supposed to do falls on the shoulder of some other colleague. This causes most people to tend to have grudges against me. And we are together 24/7, So if our colleagues start thinking of us as a burden then Life is Hell. Similarly my Boss does give me leave to attend the hearings. But then he also passes on carreer progression opportunities to others stating that I'm not available to him when the opportunities come. So, This indirectly is going to affect my career in the long run. These are the reasons I wan't a early closure of my case. And Yes, I have a very efficient Lawyer. But without any disrespect to any member here, Do You realise that I have myself researched so much about the HM Laws and this being a very complex case, I am the only person who can actually bring out the truth hidden behind the folds by myself drafting the written replies and the cross examination. ( Also gives me full hold of the situation when i ask for camera trial and only me and my wife are present, She faulters because she is totally reliant on her lawyer, She can not even find her own statements in applications she has signed, Whereas I can claim that I remember each and every line of each and every document present in the court by her or by me. NO ONE other than me can give this case as much importance in life as I CAN AND WOULD.

Sidharth (Officer)     03 June 2014

I HAVE BEEN REPEATEDLY ASKING... SINCE WHEN HAVE THE LAW CHANGE AND REQUIRES PROOF OF INNOCENCE FROM THE RESPONDENT INSTEAD OF PROOF OF GUILT BY THE PETITIONER. NO ONE HERE HAS REMARKED ON THIS VERY BASIC QUERY OF MINE. DR VASISHTHA, PLEASE DON'T MIND. But what will you do if I file a complaint against you at my hometown that i have seen you committing murder of Mr 'X', without any dead body, without even giving and proof of existance and missing of Mr 'X'. Would you spend time and money to come to my town and then want to give a reply to such a complaint, Trying to prove that no Mr 'X' exists (And How..??). And most basic, Why would a Court even expect you to respond to my allegation...???

THIS IS EXACTLY MY CASE. IT IS NOT HYPOTHETICAL OR FALSE QUERY. IT IS AN ONGOING CASE FOR PAST ONE YEAR. IF YOU WOULD BE KIND YOU CAN CHECK MY INITIAL THREADS UNDER MAINTENANCE SUBHEAD.

Dr J C Vashista (Advocate)     04 June 2014

Dear Sidharath,

Please visit my profile .

Best wishes

Biswanath Roy (Advocate)     04 June 2014

You need not to attend the court on each date.  Your Advocate can file an application in the court to represent you on each date except in cross-examine and hearing.  Ex-party order will go against you which may not be appealable..

T. Kalaiselvan, Advocate (Advocate)     04 June 2014

@Sidharth:  You may note that Dr. Vashista is a retired Indian Army Officer and he had put a very colorful and lengthy service therewith.  He need not be taught about the Defence services working aspects which he knows better than you.  You should concentrate only on your query when you have decided to approach this forum seeking clarification about certain aspects in your ensuing court case.

As far as your case is concerned, no doubt you are absolutely right that your wife has filed a case with full of false allegations, but it is the duty of your lawyer, whom you have engaged, to defend you appropriately, similarly, since you have retained your lawyer, he can very well represent you during your absence in the court, there are provisions to condone your absence from appearing before the court during the date of hearing.  I also know that even you know about it but you have expressed your anguish out of frustration due to the impending case.   Thus, instead of arguing here on unnecessary issues, concentrate on the issues to defend your case strongly and instruct your advocate properly so that you do not stand losing the main case.

Gautam Kapoor (IT professional Studying Law)     05 June 2014

Dr.Vashista respected profile is indeed intimidating

Sidharth - understand your plight, but you need to understand that having gone so long.. you should not try to retract read exparte.. you should talk to your lawyer and infact you are not required to attend all the dates,only the ones where your presence is required,

A soldier may or not be interested in war but after he is involuntarily thrust into it,he has no options but to fight,if he refuses to  take arms,or drops it .. he will be slayed/ambushed from both sides.

You can PM if you wish.

Dr J C Vashista (Advocate)     05 June 2014

Dear Sidharath,

Contact, if you feel like.

Sidharth (Officer)     05 June 2014

Dr JC Vashista Sir and Other Members, I am really sorry if anything I said sounded or felt disrespectful That was never my intention. And I am really thankfull to you all for responding to my queries and of so many others like me whose experience and suggestions are very very helpful. If I am claiming that I am putting more effort than my lawyer than it has only been possible because of the guidance which I have got from this Forum. So thank you one and all.

Gautam Kapoor (IT professional Studying Law)     05 June 2014

:) Im sure learned Mr.Vashista will appreciate your situation as well.


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