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Robin Maveric   09 October 2016

Ws in crpc 125

Dear All,

I have to submit my WS in CrPC 125 case. Now, I understand that CrPC 125 is a Quasi Civil, Quasi Criminal. In this case do we submit WS as per CPC, 1908? meaning the document I want to rely on should be submitted along with my WS? Or I can submit them later?

Also, wife have claimed exorbitant amount as my salary. Shall I declare the same along with my salary slip or just deny the claim? She says not working now but is highly qualified and worked earlier. She has admitted this in her petition.

Kindly provide your inputs.

Robin.



Learning

 5 Replies

Sachin (N.A)     09 October 2016

I want to rely on should be submitted along with my WS? Or I can submit them later?

Answer: You should deny the allegations in WS and alleged your allegations in WS. For documents you may file it along with WS or you can file it later but before arguments

Also, wife have claimed exorbitant amount as my salary. Shall I declare the same along with my salary slip or just deny the claim? She says not working now but is highly qualified and worked earlier. She has admitted this in her petition.

Answer: You should file an affidavit of income and expenditure along with the proof. and your wife should file the same

 

Format of affidavit mandatory as per HC of delhi

https://dtf.in/wp-content/files/Delhi_High_Court_Judgement_dated_14.01.2015_-_Kusum_Sharma_Vs._Mahinder_Kumar_Sharma.pdf

 

Robin Maveric   09 October 2016

Dear Sachin,

Thanks. Will the documents be allowed later? Because CPC order VIII says following:

ORDER VIII- [145][WRITTEN STATEMENT, SET-OF AND COU
NTER- CLAIM]
1. Written statement— [146][(1)] The defendant [147]****shall, at or before the first hearing or within such
time as the Court may permit, present a written statement of his defence.

[148] [(2) Save as otherwise provided in rule 8A, where the defendant relies on any document (whether or not in his possession or power) in support of his defence or claim for set-off or counter claim, he shall enter such documents in a list, and shall, —
(a) If a written statement is presented, annex the list to the written statement : Provided that where the defendant, in his written statement, claims a set-off or makes a counter-claim based on a document in his possession or power, he shall produce it in Court at the time of presentation of the written statement and shall at the same time deliver the document or copy thereof to be filed with the written statement;

(b) If a written statement is not presented, present the list to the Court at the first hearing of the suit.

(3) Where any such document is not in the possession or power of the defendant, he shall, wherever possible, state in whose possession or power it is.

(4) If no such list is so annexed or presented, the defendant shall be allowed such further period for the purpose as the Court may think fit.

(5) A document which ought to be entered in the list referred to in sub-rule (2), and which is not so entered, shall not, without the leave of the Court, be received in evidence on behalf of the defendant at the hearing of the suit.

My case is not in Delhi.

Robin.

 

Sachin (N.A)     09 October 2016

Opportunity to file defence evidence may be granted to the respondent/s

NANDKUMAR B SAWANT (ADVOCATE./LAWYER)     11 October 2016

KINDLY NOTE THAT.

1. YOU MAY SUBMIT YOUR AFFIDAVIT IN REPLY BY ENCLOSING THE LIST OF DOCUMENTS IN SUPPORT OF YOUR REPLY.

2. YOU MAY DENY ALL ALLEGATIONS, CLAIMS AND CHARGES OF THE APPLICANT AND DENY THE AMOUNT OF YOUR SALARY MENTIONED BY THE APPLICANT AS FALSE AND MENTION THE ACTUAL DEPENDENTS ON YOU INCLUDING OLD PARENT UNMARRIED SISTERS AND MINOR BROTHERS AND HOUSE RENT AND OTHER FIXED EXPENSES INCURRED BY YOU.

3. YOU MAY ALSO MENTION THAT THE APPLICANT IS HIGHLY QUALIFIED , ABLE BODIED PERSON AND HENCE NOT ENTITLED FOR ANY MAINTAINENCE. THERE ARE CITATIONS IN SUPPORT OF THIS.

COURT WILL GIVE HEARING AND MAY PASS JUST AND PROPER ORDER.

IF AMOUNT OF MAINTAINENCE IS REASONABLE THEN YOU MAY PAY SAME BUT IF IT IS EXECESSIVE YOU MAY CHALLENGE THE SAME BEFORE SESSIONS/HIGH COURT. GOOD LUCK.

N.B.SAWANT.M.COM.LL.B.,ADVOCATE HIGH COURT,MUMBAI.

Robin Maveric   28 October 2016

Thanks everyone for your support. One more question:

Should I put reply to interim first and main later or both together? I personally want to put reply for interim first.

 

Please advise.

 

Cheers!


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