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(Guest)

Help each Other

Hello All,

There are so many members out here. I have my case running in Barakpore. 

I think we have some list of case's common among us which includes DV,CrPC 125,Section 24 HMA mantainance,Divorce,RCR and so on.

We can help each other with our experience and our lawyers suggestion and various suggestion on different cases.

I have my CrPC 125 case running. We can give some details of our case and what all we can do to fight our case. Others can add to it to give more ideas. It is difficult to collect more info to defent their case from  husbands side who are suffering from Legal Terrorism and Legal extortion.

Our society has become like that people dont believe on mens but easily believe on womens in all cases. It is not that always womens are correct and mens are wrong. As a result of this all the laws of this land is in full support of womens.

If people are using this was properly it is great but most of the time people tent to misuse this laws and use as a weapon against men. We dont know when our laws will be not be gender biased and govt will take some steps.

There are lot of NGO's who are fighting to reform the law. I am one of the suffer and i am trying to browse net and dig more and more what info will be helpful for me. I was able to collect some judgement which are in favour of men for CrPC 125 matainance case.

Adding all these ... I have some questions

1. What all are option left out if you try maintainence case and where she may get maintanance some amount per month.

- Divorce case -- where you may not win is she is not willing to leave you. 

Not trying out RCR as I dont want her back with so much have happened and the relationship is totallly disturbed. Can't live like that where my life is ruined as the relationship will be still hanging legally.

Request you all to help me.

 

 

 

 

 

 

 



Learning

 10 Replies


(Guest)

1. Post names (citation reference of authorities) of Judgment which you have in favour of men to fight S. 125 CrPC for common consumption.
 

2. In S. 125 CrPC offer her to come back to matrimonial home and unless and untill she gives life and limb resonable reasons she can't get maint.


3. For seekign divorce in yoru favour if you are petitioner if you can show her conduct then the dicree is all yours.
Rgds

Parth Chandra (none)     09 July 2010

But ArunKumar Sir,

Is there any judgement when court rejects maintenance under CRPC 125 in absence of sufficient proof...

If I talk about my case, My wife just filed an affidavit copying the original abusive complaints and nothing else...

She did not even provided my income details where as I have provided my expense/liability details in my response in the first hearing it self...

The sequence is as below

1) They got my sign on CRPC 125 notice on 7th Feb 2010 while I was in police station to get bail for my 498a (Here they bribed the PO and PO told me that if you don't sign on 125 then we won't take u to court for bail today itself)....and I had to sign as my father and brother were also with me.

2) First hearing 19 March 2010 and we filed our reply on the same date saying that all allegation are false and my salary is not 50000 as per her claim and also attached my major liability/expenditure details (except food, clothing and routine expenses).

3) Next hearing in the month of April where her layer filed vakalatnama.

4) next hearing in the month of May where she filed affidavit without any proof just by copying the allegation from original complaint.

5) next hearing in month of July (first week) where my lawyer did not turn due to bad health and we got next hearing date of August for cross examination.

 

MY QUESTION to learnt members are..

1)       Isn’t she require to submit any proof or simply false affidavit is sufficient?

2)       Wouldn’t Judge ask her for any more proof suggesting life and limb cruelty, my income or any thing else?

3)       How to delay the judge-ment as we have cross-examination date in August (I have heard that in some cases…even interim maintenance has not been granted for 2-3 years whereas my wife has asked for full monthly maintenance and not interim?

4)       What would be the next hearing like…I mean what kind of steps would be there in next hearings ?

 


(Guest)

Hello All,

What I feel is if it can be proven that she has left the matrimonial house with out any reason or cause then maintainance can be stopped. We have to prove that she was never dealt with cruelty and she has left without any cause.

What I feel is evidence is required only writting in the petition is not enough. i am not sure what other lawyers say ?

Even I want to know how to delay the judgement even my wife has asked for final maintainance and not inteirm.

Also i would request if any one would answer my Q. I didnt full understand what Arun Sir said. 

Arup (UNEMPLOYED)     09 July 2010

QUOTE

What I feel is if it can be proven that she has left the matrimonial house with out any reason or cause then maintainance can be stopped.     UNQUOTE

IT IS ALREADY IN THE ACT, FRIEND.

QUOTE    We have to prove that she was never dealt with cruelty and she has left without any cause.   UNQUOTE.   - EXACTLY.

Arup (UNEMPLOYED)     09 July 2010

QUOTE    We have to prove that she was never dealt with cruelty and she has left without any cause.   UNQUOTE.   - EXACTLY

SORRY, PLEASE READ IT AS BELLOW

We have to prove that,

she dealt with cruelty TO THE PETITIONER and she  left  THE MATRIMONIAL HOME without any REASONABLE cause AND/OR EXCAUSE.


(Guest)

Hello All,

How do I prove that cruelty was not asserted with her.

- She has put that I has put boil DAL on her hand.Which is wrong. She got hurt by herself and she is putting my name there.

- She has put I used to drink and beat her.Which is wrong. I have never taken alcohol in my life.

How do I prove that I am innocent

- I have never asked dowry on or after marriage. She has put I have asked dowry from her. 

- She has put she was not given money where she was working as a school teacher and we used to put her salary cheque in the joint savings a/c.

How do I prove that I am innocent ? Pls help me.


(Guest)

What is the Section / Act of suit we are talkign here. seems lots of messages got mixed up here !

1. If cruelties are alleged by her in her own divorce petition then simply rebutt a rejonder saying "wrong and denied, infact the hot dal was poured by her as may happen while working in a kitchen, moreover she could have complaint to police, dialed 100 # and may call any of her witness for cross examination"


2. If cruelties are alleged by her in her own divorce petition then simply rebutt a rejonder saying "wrong and denied, infact produce two oath evidence affidavit of two close friends or two close relatives authenticating your drinking / non drinking character.


3. If cruelties are alleged by her in her own divorce petition then simply rebutt a rejonder saying "wrong and denied, Dory is asked / given only on three occassions; before marriage / at the time of marriage and subsequently at any time after marriage. You mentioned the last two but ommitted the first main one :-) Rebutt / rejoinder stating all three occassions with wrong and denied and ask her side to put in list of stridhan / articles 9dowry), post filing stridhan list post a message here we will guide you what to do with that list to spoil her happiness henceforth.


4. If cruelties are alleged by her in her own divorce petition then simply rebutt a rejonder saying "wrong and denied and then write what for she was workign if not for earning money for herself otherwise a wife will work on the instructions of husband / family to support the family and even if money was used for household expenses then it is not cruelties as per SC binding law.


Now please take help of ld. Advocate by searching LCI database on how to prove innocence of each and every para of THAT divorce petition of hers.

Rgds. 


(Guest)

HelloArun Sir,

Thanks for your valuable reply. Also would appreciate if any one from LCI would add up to it and give their opinion.

Parth Chandra (none)     12 July 2010

Arun Sir,

Is what ever you said is applicable for CRPC 125 or just an affidavit from Wife is enough to proove her false alligation and husband would be asked to give full monthly maintenance?

Parth Chandra (none)     14 July 2010

Can anyone plz. reply?


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