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Victim of 125 crpc

Page no : 2


@ Aftab: You are lucky that the British Hindu Marriage Act doesn't apply to you. Use Shariat laws and once you do that 125 CRPC doesn't apply to you. However most judges are not very intelligent in which case You move the High Court . Many judges in SC learn English through Crash Courses but not so with High Courts by and large.

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Fighting for a cause (Defending court cases )     28 October 2011

Sounds encouraging!. Can we say to the judge that there is nothing as maintenance in muslim shariat, hence reject her case. It would be nice if you could quote something with reference,

Abhi to mujhe aisa lagta hai...... Judge to the abla nari------ Kaisa bhi jhoonta , loola langda 498, DV, 125, Ka case le aao phir deekho tumhare pati ka kya hal karta hoon, income ka proof nahin diya to bhi old salary slip dekh kar aur present income ka anuman laga kar maintenance fix kar doonga.

How misguided I was, to consider the institution of marriage a noble one, but now I understand that it always was a payed service. 

Disclaimer: The expression is my personal experience and does not apply to anyone else.


Move an application befor a Qazi and tell the court that the matter is Subjudice in Hon'ble Qazi Court and that CRPC is not maintainable in your case. If the Court persists then move the High Court and if need be move the Supreme Court. I doubt that the lower Court Judge would take the risk of losing his job.

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Fighting for a cause (Defending court cases )     31 October 2011

Does any one know about the result of the PIL filed by advocate  Vishwa Lochan Madan regarding rape case of imrana bibi by her FIL and the subsequent Fatwa by darul uloom deoband. My search on google only showed that notices were issued to certain parties by the SC.


I have put my query in the same thread of maintenance because I was not sure whether to open a new thread or not.

Fighting for a cause (Defending court cases )     17 January 2012


Yesterday was my date for 125 maintenance case. My advocate filed an application to forward the case to mediation centre and present my daughter in the court. The advocate of the lady argued that there is no need to present the child in the court and refused for mediation effort. Her advocate also advised us that if you are so willing to see the child, file for custody.  The judge asked them to file their reply on the next date.

My advocate argued that as the child is complainant no 2 in the maintenance case, the court must know her whereabouts.  

I have already filed for custody in November 2011. My question to learned members is, what could be the reason that she is so pissed off presenting the child in (125 case) court, whereas advising us to file for custody. Any guesses for her hidden objective. Any suggestions that we can put before the court, so that the judge orders in our favor.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     19 January 2012

Becasuse it would allow you visitation.





Shonee Kapoor

Fighting for a cause (Defending court cases )     21 January 2012


Thanks Shonee... and hearty congratulations on your success regarding custody of your son. God bless both of you..


Lady bahut  aas leke aai thi ki aaj to uska cross examination ho jayega.. lekin child ko present karne ki application se do teen date tak yahi matter chalega. Lady to respected judge..  Strongly Oppose... Judge to lady... Kya Strongly Oppose...


Lawyer change karne se bahut benefit hua and in my opinion it is never too late to change the lawyer.


Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     31 January 2012

All the best.





Shonee Kapoor

Fighting for a cause (Defending court cases )     20 March 2012


Hello everyone. I filed a case in nov 2011 for  the custody of my 8 years daughter. I have been denied access to my daughter from nearly one and a half years, that’s why I was compelled to file this case. There was already a 125 case running by the lady which is in the mediation centre at the moment as per the advice of my advocate.


The lady is very punctual in the 125 case but she has not appeared for a single date in the custody case. Today my advocate informed me that Ex-Party proceedings have been ordered in the custody case and you should be present in the next date for evidence. (byan ke liye)


Now my request to all of you learned members is to guide me in making a strong case and what points to include in my evidence or any other suggestions which you may feel like to share and which may be helpful at this stage or in the future.


Looking forward to great many replies from you all.


Aftab Khan

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     20 March 2012

Good going, evidence is your petition on oath. your lawyer would guide you.

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