legaljoe68 (member) 17 July 2010

section 125(3)

I am facing a case under section 24 and 13(a) and went to Indore to atend the court and fiel my defence writen replu with affidavit.

My wife lawyer came with another case under section 125(3) againt my not paying maintencace to her againt order of Rs 2000/- passed in 2006 . Since I lost the job and was not in position to pay maintencae I stopped the same.

This fact was known tomy wife, since my order under section 125 was on the basis of status when I was in job.

I was surprised that the judge accepted the case of my wife even though I said she is working. He provided me phot copies of her petition and in procedings mentioned that the same has been served to me. He even asked me to come with remaining amount of maintenace other wise he will issue arrest warrrant.

In all petitions filed by my wife she has lied that she is a housewife .

Please advise me on the following.

Whether I should approach Ho High Court Indore againt the cancellation of order passed under section 125.

whether I should move an application on staying depositing of remainig amount and requesting the Court to cancel the order under section 125 as I have losty my job and status.

My wife is lying as she is working and I have proof under RTI.

The Judge is biased as I had resorted to RTI act to expose wrongdoings in the court and the judge is biased againt me.

Please guide annd help .

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4 Replies

Arup (UNEMPLOYED) 17 July 2010

you have the right to reconsider your maintenance amount according to present situation.

you have to go to high court as the court is biased against you. no other way.

" My wife is lying as she is working and I have proof under RTI. " v. good. attach it with your petition at lower court / hc.

legaljoe68 (member) 17 July 2010

thank you arup sir, With your continous directions and guidance I feel justice will be done to me . I feel lonely when contesting case in FC indore but Now i feel that with support of esteemed good advice from legal experts I will soon engage a good lawyer and move High court .

THanks again

Parmanand Sharma (Advocate) 17 July 2010

File an application u/o 127 of Cr.P.C. and prove all things in the same. The court has power to alter the order earlier made u/s 125 of Cr.P.C. u/s 127 of Cr.P.C on changing of circumstances.