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(Guest)

Victim 125 crpc

 My wife have applied for maintenence under section 125 CRPC falsely for greed of money after leaving matrimonial house unreasonably because we were residing at small city as compared to city like Pune. I was running behind her to return home. She has admitted in cross that I have visited her home twice and made 3 calls requesting to come back. Fiinally after 9 months after she refuses to come after counceilling, I have to divorce her to avoid suing me again under section 498A and Domestic Voilence act. Based on fact of divorce by legal mean under Muslim Divorce Women Protection Act procedure, the Judge had passed order for Rs. 10,000-00 PM eventhough my actual income is less than Rs.10,000-00 as I do small business at a small city called Hassan in Karnataka. My ex wife belongs to Pune in Maharastra.


Can any body guide me to advice me whether such a petition against the order can be placed at High court? and what will be the chance of quashing the case in such circumstances?



Learning

 7 Replies

Advocate M.Bhadra   17 September 2011

You can file a Motion Petittion with ennexed your income proof u/sec.127 Cr.P.C. in the District court for alteration of order passed by the ld. Magistrate Court.

3 Like

dev kapoor (Honorary Secretary)     17 September 2011

Firstly tell me HAVE YOU PROVED YOUR INCOME?If yes,the order is arbitrary.It can be set aside by High Court or Even Sessions Court in revision.

1 Like

dev kapoor (Honorary Secretary)     17 September 2011

Firstly tell me HAVE YOU PROVED YOUR INCOME?If yes,the order is arbitrary.It can be set aside by High Court or Even Sessions Court in revision.

1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     18 September 2011

Yes, file under CrPC 127 with all proofs of income,.

 

I guess, you didnot present any proof of your income and hence court accepted her plea and whatever she alleged your salary


(Guest)

No. !! I have told the court that My income in average is rs 4K to 5K.. The judgement regarding my income is taken from my from my Saving Bank Account statement. It has been produced to the court show the proof of misapropriation done by my wife by means of online fund transfer by net banking from my account with my knowledge. The amount was deposited from selling my share from my father property after his death. I can produce sales agreement and the source from the cheque of buyer.

dev kapoor (Honorary Secretary)     19 September 2011

If the findings of the court as to how did it finalised the factum of your,is before us,we would certain make a better suggestion>Rest assured you income by sale pof property is ONE TIME income & it is remotely to be assessed as a part of your REGULAR INCOME.Your case is good for revision.Make asue there is little scope in revision as the powerrs of the revisionalc  court are restricted.

2 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     19 September 2011

There is no average, submit a proof.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

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