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satya prakash (Clerk)     02 May 2013

Query on 125

Im fighting 125, mediation is over & its failed as wife said she need written affidavit from me I vl nt do DV :P

Else she is ready to divorce also.

After mediaiton 2 dates over I have follwoing questions :

1) Case came to evidence stage but dont find any affidavit submitted by wife how to ask for same?

2) Wife or her lawyer ddnt attend 2 dates as they have to give evidence. How many dates I need to wait for them? cant Judge order them to attend?

3) How many dates I will keep attending but no preoceeding as other party is not attending?

4) If I dont attend dates then will judge award interim to my bitter half?

5) Cant I object on interim as they ddnt gave single proof?

what are possible ways to handle this tricky situation?

thanks in advance



Learning

 6 Replies

Want to Live (NA)     03 May 2013

My friend dont miss a single hearing for sure. don't worry about time from evidence stage it will not take much time now.

Dont worry about your wife's affidavit, be ready with your proofs, i,e Your income proof, if your wife stating your income much more than your actual.

your wife income proof, if she is working or worked in the past. her qualification details.

Show your income less as much as you can, but with proof

Better talk to your wife & close the case with one time settlement & go for MCD 

1 Like

(Guest)

 

Originally posted by : satya prakash


Im fighting 125, mediation is over & its failed as wife said she need written affidavit from me I vl nt do DV :P

Else she is ready to divorce also.

After mediaiton 2 dates over I have follwoing questions :

1) Case came to evidence stage but dont find any affidavit submitted by wife how to ask for same?

Without she filing an affidavit, case wont stand, and you need not ask her to file the affidavit.


2) Wife or her lawyer ddnt attend 2 dates as they have to give evidence. How many dates I need to wait for them? cant Judge order them to attend?

Until one fine day the judge writes in his book for public viewing, case posted for dismissal, til that date they need not come to the court, and just right on that very particular day when the judge is about to dismiss the case she has filed, they will appear out of the blue like GODS and stand there like beggars asking apology for not being able to attend court dates and to give them justice.


No the judge can summon them on the request of your lawyer, though he cannot and will not order them to come to court.  As she has filed the case, it is up to her to come to the court.


3) How many dates I will keep attending but no preoceeding as other party is not attending?

Read above (2)

 

4) If I dont attend dates then will judge award interim to my bitter half?

Keep attending dates come what may [atleast your lawyer should represent you in your absence], in your  and/or your lawyer's absense court may pass some interim order.

 

5) Cant I object on interim as they ddnt gave single proof?

Objections should be filed or else judge can pass whatever order he wants.


what are possible ways to handle this tricky situation?

 

I dont see anything tricky in the case.  They are delaying the proceedings, they are in for money, just ask and see how much they are expecting for giving MCD and you will find the answer to their supposed tricky behavior.


thanks in advance

1 Like

satya prakash (Clerk)     03 May 2013

1) First of all they are threatening me for filling 498a or other criminal cases & they are ready for MCD if I give 50Lakhs only :P

2) They want to trouble me as much as possible & somehow they want to push their trouble (my bitter half) in my home which is becoming difficult for them as none of from community supporting them. Earlier they threatened us lot for false cases we ddnt bother as bfor this they have filled false application's in Police station 3 times to trouble us but nothing worked. Now they threatened us by filling crpc 125 but we are ready to handle all false cases with evidences & proof.This is becoming trouble for them.

ashoksrivastava (scientist)     09 May 2013

Wear them out for atleast 2 to 3 years withstanding 498a etc. ( if filed later). They will settle for less than 10 lakhs.

I feel they will file rcr and not 498a(You decide which one is more acceptable to you?). regards ASHOK

1 Like

satya prakash (Clerk)     09 May 2013

If I need to choose RCR or 498a

Damn sure I vl choose 498a as no meaning contiueing with tht lady last time when she filled false case I accepted her for my Princess ( Daughter) but now they r using my princess like weapon I cant tolerate it

ashoksrivastava (scientist)     10 May 2013

Its good to see that you do not have any confusion on the subject. Totally ignore them for 2 to 3 years. As your wife gets older their demand will get lower.When it becomes acceptable to you agree for MCD. regards ASHOK
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