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legaljoe68 (member)     29 June 2010

Right to Information a useful tool in family case matters

it is well known fact that the judges or the presiding Officers in family court keep a very high sympathetical view about females approaching court with false cases . even when the boy side submits the proof of the girls income the judges overlook the same and goes on to award the maintenace . In family court indore in case no 160/06 , teh boy proved that the girl was working ( with bank statements and RTI documents obtabtained from District education Officer. The judge went on to award maintenace of Rs 2000/- citing a case of Bhopal that the girl is entitled to receive maintenance according to the status of the boy.

Later on after 12 months the boy loosses his job and maintenace goes away. He informs the court that he is unable to pay maintenace . The girl again approaches the family court under sec 24 and 13 (1) for interim maintenace and divource.

The question here is when the maintenace under sect 125 has been given the girl has hidden this and went on to file new case under section 24.

Interestingly the girl is still employed and the boy has proof of it .

The court staff is not providing details of maintenace of Rs 12000/- deposited and collected by the girl. The girl says that she has not received anything . Either the girl is lying or the money siphoned of by the court staff .

This is to be exposed in media by an NGO "AVS "

PLs discuss



Learning

 4 Replies

Munirathnam (Scientist)     29 June 2010

Hi, Does the court judgement is justified...? Why can not be these kind of judgements finned such that fine money should be recovered from Judges salary.

Arup (UNEMPLOYED)     29 June 2010

is it a news only or closely attached with the case?

firstly the girl frawed the court by saying that she has no individual income. it is contempt of court also. sec 420, ipc and contempt of court should lodzed against her.

another question, how you came to know that the rs 12000/- withdrawn by someone other than the girl. no wonder if you found that court clerk withdrawn the money by false signature. it may also possible that the girl lying. she herself withdrawn the money. there also may be a cheating/frawd case exist.


(Guest)

Dear Author,

There are too many lacunas in your interpretation of happening and/or things as on ground stands in narrated briefs and you are reacting hyperactively which is understandable;


1. There is no bar that both maint cases can't run though minor differences in opinion / citations do exists from various Hon'ble High Courts but since maint is a social award at trial court level it passes by and if it is so then Appeal to sessions is the right approach. Probably you missed discussing this with your ld. advocate who would have guided on these correct provisions of Law.


2. Ideally if maint. awarded under S. 125 CrPC then same certified copy should have been produced by aggrieved party in Civil court which should be the right way. I see this element missing in your complain here.


3. Further the higher of it is the one which needs to be met after calculating and bringing it in written knowledge of next award Court.


4. FC Ld. Judge has reasoned his / her award on 'status' grounds which could have been challenged or brought on record which is missing here.


5. Now since maint. has been awarded file perjury by satisfying bar of S. 195 (1) CrPC understanding Marwah and Marwah citation and file witness list calling those authorities under whom she is in gainful employment you will succeed if it is enquired and expedient in the interest of justice found to be in favour of you otherwise Appeal before higher court and so on so forth.


6. When you deposited 12 K in Court you should tell here in this interactive forum how you deposited it; by way of cheque or by way of DD and if so then when it is withdrawn signature of wife and/or her legal representative is taken on the side of the day’s Order sheet. Take certified copy of all order sheets post such deposit made by you date and you will find when and by whose signature / name  it was withdrawn means taken in custody. Where is the que. of court staff help here ! It is your case, you should be responsible for such credit / debits. Now, flip view if you tendered by cash then usually cash is tendered with opposite party (wife) or her legal representative immediately and signature and such transaction / payment is made note of in Order sheet. I find all these elements missing in your narration. Now, do a file inspection (the cheapest mode over taking certified copy) then understand what and where things stand and then come back here with valid questions.


7. FC Court functioning has been heavily criticized over the years as their functioning is radically different from civil / criminal original jurisdiction  Courts hence not much value addition in open forum I may come with. Bottom line in FC Courts couples need to come with a joint solution and a FC Courts just ascribe to joint solutions of a couple to pop a Judgment (my short and sweet and safest comment on functioning of FC period). Amen.....


Search here in LCI Database as per your city of residence / case jurisdiction for a Ld. Advocate whose prof. services you may take to protect best interest in your case(s) if you find it difficult to proceed on your own means as party in person.

ATB, Rgds.

legaljoe68 (member)     30 June 2010

Sir , I had deposited Rs 6000/- through cash and obtained receipt from the family court nazir section.

Another Rs 6ooo/- was sent through Speedpost through Demand draft .Sir, these details were sought by me

under Right to Information and CPIO has informed me telephonically that since the issue is connected with the present case the same cannot be provided to me . I am awaiting written reply.

ON next date I will be filing my detailed reply ( prepared through my local advocates) and discuss the things as guided by your goodself.

THanks,

regards


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