Appointment of advocate commissioner in maintenance case

Querist : Anonymous (Querist) 14 March 2024 This query is : Resolved
husband getting rents 3lakhs above, wife wants to prove it, to get maintenance
is it maintainable to file petitioner u/o 39 rule 7

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kavksatyanarayana (Expert) 14 March 2024
Whether the husband has property or not, you can file a maintenance petition in a court of law.

T. Kalaiselvan, Advocate (Expert) 14 March 2024
Have you filed a maintenance petition under section 125 cr.p.c., if yes, then you cannot invoke civil laws into this criminal law.
If you have details about it then you can file an affidavit based on the documentary evidences or you may have to procure the information through your own sources, court will not entertain any non maintainable petition

Advocate Bhartesh goyal (Expert) 15 March 2024
Provisions of C.P.C can not not be applied in criminal cases moreover commissioner can not be appointed to collect evidence. You, yourself have to submit proofs regarding your husband's income.

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