sunitakamtekar (mgr) 15 December 2012

Production of documents

Dear Experts,

My brother involved in false 498a and my bhabi also filed divorce petn.

Brother is contsting the divrce petition and he has filed application for maintence under sction 24 HMA. He is not employed and is staying with my uncle. he is dependent on my uncle and my uncle takes care of all his expenses.

My bhabi's lawyer asking for bank account details and old salry slip.... some order 11 rule 12 and 14 CPC.

we r suppsed to reply the application. we are not against providing the info.

QUESTION 1. do we need to provide all the details immediatly?

QUESTION 2.or shud we wait for court to order for the documents?

QUESTION 3. my brother has closed the account and ther is no money with him. Will the court ask whereaboouts of the money he had in the account? he had to spend all his earning for living and other expenses.

QUESTION 4. will the court take adverse inference of money earned by him during his previous employment? the fact is he is not working now only busy attending various courts. almost 3/4 hearing every month.

the only motto in his life is to teach his 498a girl a life time lesson. Please guide us.

Reply Follow

6 Replies

sunitakamtekar (mgr) 19 December 2012

Dear Experts,

Please reply. came here with lot of expectations!!

stanley (Freedom) 19 December 2012

Your lawyer should actually be guiding you .

Give a reply as below stating that

There is no procedure in Criminal Procedure Code, 1973, to direct the opponent to produce document except during cross examination .Hence the application is liable for rejection by this Hon'ble Court.

The applicant cannot dictate the opponent to take defence/pleadings as per the wish of applicant. what should be pleaded is solely the constitutional right of opponent.

The applicant is trying to harass the opponent by filing false and frivolous application against the opponent.

Under the circumstances the application of the applicant is devoid of any merit and hence deserves to be rejected.

The reason the opposite lawyer is asking for the salary slip is that later on your wonderfull Babhi would file for interim maintanence . Next your brother should look out for a small job with a small salary as interim maintanence is decided on the current salary and not on the old salary else opposite lawyer would show the same payslip which you produce in court and shaw that he has so and so earning capicity and hence to decide maintanence on this pay scale .

what money your brother had in his account earlier does not make sense which can be easly conveyed to the court that it has been utilised for sos and so purposes .

Non employment is no reason to avoid paying maintanence

you have not stated if your bhabi is working or has worked before and whats her qualification

sunitakamtekar (mgr) 20 December 2012

Dear Stanley sir,

thanks for the reply.

My bhabhi is working and she has admitted before the court about her employment. she has filed the DIVORCE petn. My bro has filed application for interim maintenace. it is his application under question. She was and is working and earning salary of 25000/-. but she has given explaination that it is insufficeint for her.she is post graduate.

Regarding the documents it is not the 498a case. the matter is in family court. they are asking for documents stating that my brother has enough funds and he is not eligible for interim maintenance.

my brother is trying hard to find a job but he is so busy with all this cases, he is unable to get job.

QUESTION 1. do we need to provide all the details immediatly?

QUESTION 2.or shud we wait for court to order for the documents?

thanks,

stanley (Freedom) 20 December 2012

Like i said above follow the same and give your reply as above . The burden to prove that he has sufficient funds lies on them .

rajiv_lodha (zz) 20 December 2012

Originally posted by : stanley
	Your lawyer should actually be guiding you . Give a reply as below stating that There is no procedure in Criminal Procedure Code, 1973, to direct the opponent to produce document except during cross examination .Hence the application is liable for rejection by this Hon'ble Court.........