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Sidharth (Officer)     02 June 2014

Quash petition for pending crpc 125 case

My Wife has Filed Crpc 125 Case against me along with Interim. She had alleged Impotency, Dowry Demand, Watching of Pornography at Home, Physical Harassment, Not Maintaining her During Her Stay With Me and At The End, Throwing Her Out of House One and Half Year Back ( The Day She Willingly Went to Her In-Laws on the pretext of Pursuing A PhD, As I was posted at a Field Base of Defence). She has not submitted any evidence w.r.t. any of the allegations.

Infact in my reply, I submitted evidence against all her allegations. ( Payments made to her account including Fee payments, Evidence of All Marriage Expenditure by Me, Tickets and proof of her Frequent long stays at her home, No complaint/medical/police/neighbour proof/witness of any misappropriate behaviour by me (We stayed in a military campus for God Sake..!!). Alongwith her education proof of B.Com, MBA, BEd and Undergoing PhD.

However, Inspite of all these and 8 months into hearing, The Judge awarded her interim maintenance stating that PRIMA FACIE I seem capable of maintaining her and She inspite of Her qualification can not be expected to work as She has Right To  Study. And That All Her allegations and their correctness is a matter of deliberation. Only Thing is that Inspite of her Demanding Rs 50,000 p.m. Judge Ordered Rs 10,000.

Now, I was hoping that the case will get resolved in few more months with Judgement in my favour due to lack of any evidence from her side. Infact The Case reached the stage of Her Testimony in which She could not provide any Evidence, During My Cross, She ended up making Many contrary statements against her own allegations in Initial Peition. However, When The Time came for my Testimony and Case reached the final stages, My wife put forward one more application putting further more allegations, and also putting up fake figures of my salary ( As Per Her, I Might Already Be Getting Salary of 7th C.P.C. ;)  ). This application was also not supported by any proof or evidence. Still The Judge Accepted Her application and directed me to furnish a reply and afidavits as requested by her before recording my Testimony and continue the case forward.

My Questions are:

1. Can I request the Judge to Take My Testimony and Direct Her to put forward Her Questions / Allegations of Her Additional Application during Her cross..?? ( To expedite the case and also prevent me the huge expense of lawyer fee for drafting one more reply)

2. Can I file a Quash Petition Under Sec 482 in the High Court for this ongoing Case..?

3. Can I stop attending the hearings and wait for the Ex-Partee Judgement based on the solid replies with evidence against all her initial allegations. Would  the Judge be required to ask her for Evidence to her allegations even in an Ex-Partee or My mere absence would be taken as my acceptence of her charges??



 12 Replies

great india (manager)     02 June 2014

Deny any counter allegations. This will help in appeal if any in higher court. Read 125(4) and ask her to join you. In addition to counter , ask magistrate to direct wife to join you asap. If she refuses to join which she can ......move case undrr 125(4). Good luk

Dr J C Vashista (Lawyer)     03 June 2014

See my reply to your other post, it is same (repeated) query with some modifications.

Contact and consult your lawyer and contest your case.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     03 June 2014

Now the case would be put for evidence. You can cross-examine her and try to run the case faster.

 

At the stage of inetrim, it can not be decided as to whether she deserted you or you deserted her,

 

 

Regards,

 
Shonee Kapoor

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

Sidharth (Officer)     03 June 2014

Shonee Sir, The Case was already put to evidence. She gave her testimony and I in my cross examination, by asking the relevant questions, made her testify to most of the allegations being false or contradictory. I also asked for CAMERA TRIAL to be enforced so that her lawyer/family could not feed her words. This is why she faultered badly. But most likely after going over her statement, her lawyer would have realised that now they are stuck, so to delay the case they are now resorting to these applications so as to only prolong the case further and make me harassed. Any of you believe it or not. I have no issues in testifying in front of court a whole day. My problem is taking frequent leave and spending on lawyer and documentation.

T. Kalaiselvan, Advocate (Advocate)     04 June 2014

If she has filed an additional application demanding the development cause of action, you may give a fitting reply as a counter to her application.  The court has to hear both the parties, you may be thinking that she is not having any evidence to prove her allegations, but who has to decide about it, you or the court?, If you agree the court has to decide about it, then the court has to hear both the sides, ascertain the facts and then only can pass judgment/orders accordingly.  You have no option than to go by the court proceedings.

Sidharth (Officer)     05 June 2014

Kalaiselvan Sir, Indeed the court will only decide whether she has any evidence or not, But Should not the court consider that in all her 04 cases, she has never come up with even a single documentary proof or witness, only and only verbal allegations. And by the court accepting her application, and directing me to submit a reply before proceeding further, she is achieveing her means ( of harassing me so much that i'll agree to pay her out of courtand sign divorce papers)

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     05 June 2014

I can empathize, you should always insist that the main case should also run parallely to the interim applications.

 

Regards,

 
Shonee Kapoor

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

Sidharth (Officer)     06 June 2014

Kalaiselvan Sir, If I put a written allegation on King Khan for snatching  Rs 5 Crore from me without any proof/ evidence.

1. Would the court not see that it's an absurd claim..??

2. Would the court not ask me to submit some proof of this..?? Or would The court simply send him a summon and ask him to reply to my petition..?? Attend hearings..?? And If he doesn't, Then assume that he is guilty and pass orders favouring me. Ex-Partee..??

T. Kalaiselvan, Advocate (Advocate)     07 June 2014

The court will consider the prima facie evidence to take up a issue or not.  Your comparison with King Khan has no relevancy to your case. Whereas her subsequent application is inter related to the ensuing case pending at trial stage.  She has got rights to file an application related to the issue pending in the court for interim relief on the said issue, there is nothing wrong in it, if you are unwilling to challenge her subsequent application by telling to yourself that it is false and she has no evidence at all, it is you who is ruining your own defence.  If you donot challenge her claim, it means you are accepting it.   If you feel that she is bent upon her evil ideas to achieve  her means by harassing you through such subsequent applications to put pressure on you so that you'll agree to pay her out of court and sign divorce papers, you can state your this observation your counter to her IA.  If you strongly believe that she has no evidence too prove all her allegations in different proceedings against you, nothing prevent you to challenge and nullify all her cases, in fact you are better placed to dictate terms once the matters are decided in your favor.  Do not hurry up your decisions and let out words which will weaken your stand as well your cases/defence.

Sidharth (Officer)     10 June 2014

Kalaiselvan Sir, You said that court has to agree prima facie about her additional allegations. But in this case, The moment she put forward her application in front of judge, The judge simply gave a copy to me and ordered next hearing date asking me to bring reply. The judge did not even look at what is written in those applications. As stated, even in her initial petition and subsequent stages ( evidence and testimony) She has not submitted any evidence. And all the allegation in this additional application bear the same reply which I have already submitted ( example, Initially she said my salary 92,000, without any proof. I submitted my salary slip along with loan details and everything, showing it to be 25,000 take home, Which the judge accepted while ordering interim. Now she says my salary 1,68,000 again without any document. So again my entire reply and proof can be submitted for take home 25,000. THE ISSUE IS THE TIME AND MONEY I'D BE WASTING IN MAKING THIS ADDITIONAL REPLY. AND WHAT STOPS HER FROM SUBMITTING HER ANOTHER APPLICATION SAYING SALARY IS 2,50,000 AND JUDGE AGAIN ORDERING ME TO SUBMIT REPLY.

Soman (Dy Manager)     12 June 2014

Dear Sidharth, You are one of the many who fumes over the logic. Better submit your reply denying all allegations & at the same time improve your knowledge from LCI. Just see the following and try to understand. I'm not a lawyer but just one facing a divorce case. "O VIII / R 5 CPC which deals with denials Hon’ble SC observed that sub-rule (1) of R 5 provides that any fact stated in the plaint, if not denied specifically or by necessary implication or stated to be not admitted in the pleading of the defendant, shall be treated as admitted. It further observed that under R 3 of O VIII CPC it is provided that the denial by the defendant in his written statement must be specific with reference to each allegation of fact made in the plaint. A general denial or an evasive denial is not treated as sufficient denial and, therefore, the denial, if it is not definite, positive and unambiguous; the allegations of facts made in the plaint shall be treated as admitted under this Rule. The court is empowered under O XII / R 6 CPC to pass judgment and decree in respect of admitted claims pending adjudication of the disputed claims in the suit."

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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