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Rahul (Engineer)     27 July 2013

Counter affidavit

Dear Experts,

Can someone tell me about Counter Affidavit in 125CrPC Maintenance Case ?

Situation is like below:-

125 Interim Order was passsed against husband as Salary Details of Wife were

not available.Wife filed 125(3) executions & legally extorted 7 Lakhs till date with

1 time Husband JC for 11 days.

At present 127 Proceedings are at Arguments Stage.

Also Wife filed Evidence Affidavit in 125 Main Petition in year 2011 in which 95%

things are false & Fabricated. Husband has sufficient Evidences to prove wife

falsehood. 


Question : What is shortest & Earliest method to end the 125 case ?

Option 1) Filing the Counter Affidavit from Husband Side with all sufficient evidences.

Option 2) Let the cross examination happens in 125 Main case.  

Option 3) Filing a Writ Petition in High Court for 125 Main case quashing.   


Or what other options a Respondent/Husband has to close thie false 125 case

filed by wife on ASAP basis.

 

As already 5 years have been passed in this case.



Learning

 3 Replies


(Guest)

First you should have filed objections to 125 application without that anything you do in HC will be a waste of time.  As HC will see only one thing, that you have filed objections to 125 application.  If yes, and the judge has simply ordered something without taking into considerations evidence provided  by you with regard to income, then HC will intervene and readjudicate such alimony awarded.


Even though if you have provided evidences, and as it is just interim order and not final order, the HC will dismiss your plea.


To end 125 immediately there is only one route, take wife back or pay her enough money so that she will agree for MCD and part ways.


If you are yet to file objections, file all related documents with regard to income etc and then see how the judge will respond to your objections on 125 application from your wife. Rest, if not in good financial condition, still keep paying whatever money you can into her SB account and maintain passbook for entries for amount remitted to her account.  If she complains that you are not paying money, then, judge will issue warrant, then NBW.  So trick is keep paying money whatever little you can, as even 500 rs is also money, so is 100 rs.

shriks........... (healyhcare)     28 July 2013

1.best advice given by helping hand......
2. see if your lawyer is hand in glove with them......bcos all lawyers know defending 125crpc......
3. 125 sub sec 4.......show and prove willingness to maintain her........do not show neglect......go for change in circumstances plea.....
you had so many options.......

4. take rental accomodation at far away place and ask wife to join and maintain her for few months.......

5. let her desert you if she wants .....you can dismiss her plea on that basis.....
6. change your lawyer if you smell smthn fishy.......you are just getting looted nothing else.........

Rahul (Engineer)     28 July 2013

Thanks @Helping Hand & shirks for your Replies.

Briefs on your Replies are:-

1. Wife filed 125 case for herself & child in Aug-2008 with Husbands Income Details

     (Bank Statments, Appointment Letter) took same from husband Almira beore evading from matrimonial house.

2.  Husband filed WS on Sept-08 with Objections like her Educational Concealments & leaving her matrimonial

      home without reasonabl cause, Marriage was dowry less, Full Love & Care given to her during her stay.

       But previous Lawyer did n't file even a single Document in support to that. Not even Sec9(RCR) Order in which

       she came back on the very first date.

3.   Wife filed Rejoinder on Oct-08 with the newspaper cutting in which my father disowned me & my wife.

 

After that MM Judge without any argument passed order in wife's favor even without any arguments on prima facie basis.

Then husband filed Revision in Sessions that too got failed as husband failed to prove wifes Income.

 

Jail & NBW happened with husband.

Husband filed 127 CrPC. Is on Argument Stage now. In which husband File Wifes 4 years of Work Experience with Bank

Statement Detailsa found from 498a case(chargesheet).

 

Wife filed Evidence by Affidavit in May 2011. Now husband have all her Work expereince Proofs

(CV, Bank Statement) of before Marrige.

Also sufficient proofs that she was well treated in her matrimonial home. Sec 9 Order, 340 is already

been filed against her.

 

So What must be the usband's next move as 127 is at Arguments stage. Will judge do the arguments in 127

or will first go for the Evidences ?

 

If  Evidences then it will be time consuming as 127 is filed on Interim Orders only. How to get the 127 in

husbad's favor after arguments.

 

Also what is counter Affidavit in 125 case. Does it means to file the Evidences against wifes contentions whatever

she has written in Evidence Affidavit with Relevant Evidences? So as to close the case if Wife's Evidence is 95 %false.

 

Reference can be given with Delhi High Court Judgement saying as attached:-

Read section 101 to 106 in totality and not in isolation.....

Please read section 106 of Indian Evidence Act "Burden of proving fact especially within knowledge" Also read section 115 of Indian Evidence Act. 

Moreover, do not confuse between onus of proof and burden of proof
 

"The affidavit may be treated as supplying prima facie proof of the case of the applicant. If the

allegations in the application or the affidavit are not true, it is always open to the person against whom such an

order is made to show that the order is unsustainable." 

.

 


Attached File : 534388640 poonam khanna vs v p sharma & anr on 30 january, 2012.pdf downloaded: 256 times

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