C.misc.Crpc 125 maintenance
Born4Justice
(Querist) 28 January 2017
This query is : Resolved
Dear Sir / madam...
I am having too much of tough times! My wife has deserted me multiple times and was at heights of cruelty through her behavior / deeds with my very old on influence of my mother in law and few of her relatives!
She filed Crpc 125 maintenance on 31-07-15 for 25,000 per month and advance of 100,000. However the Interim order was passed for 5000 per month.
In between this...
1. They assaulted me and my old parents to black n blues for which FIR was filed along with all medical certificates.
2. I lost my job due to physical assault at my office. Gave resignation letter even before filing objection!
3. Gave all the medical certificates about medications and ailments of my father and mother from past 15 years!
Though we gave all this as evidences initially, no use!
4. No counselling or mediation happened!
5. Filed petition on sec. 125 (4) and (5) before 7 months... No objection filed till date!
6. As I couldn't pay IM initially, in my absence... Wife's lawyer managed to issue warrant twice though I paid 20000 initially!
6. 8 months before... NWife's lawyer plays psycological game and had even assaulted, used filthy words on me and my parents. I complained to judge... and the judge warned him and asked to behave himself at court! He asked an apology with me!
Now... Keeping that mind... ( as there are new judges come to court) just to trap me and land me in jail.... He makes false allegations! As they are new judges... Without allowing me to speak.. They shout at me!!! My 70 year old father, 60 year old mother come out in tears!!! My lawyer is good at maintening decorum! Says he can't oppose his own community!!!
Paid balance IM of 60000 last date!
Paid IM up to Date.... But still wife's lawyer not filing evidences! Comea- makes allegations - takes date and GO!
Wife not coming to court from 09 months!!! But enjoying money!
Neither wife coming to live with me, nor her lawyer will file evidence to court and proceed the case further... Just enjoy my money and harass me and my very old parents????
What to do? Job less.! Took loan for interest pledged some gold and managed to pay 60000 last hearing! As warrant was issued!
Took NOC from my lawyer... As he was not cooperating, except come - stand and go type! Only says to pay maintenance on time... but never opposes anything! Very old person!
Please help! I am unable to breath! Knifes at all the directions!
No job, court & cases, old parents, family maintenance, IM, harassments all on one person!
Please help!
Born4Justice
(Querist) 28 January 2017
Dear Sir / madam...
I am having too much of tough times! My wife has deserted me multiple times and was at heights of cruelty through her behavior / deeds with my very old parents and me on influence of my mother in law and few of her relatives!
She filed Crpc 125 maintenance on 31-07-15 for 25,000 per month and advance of 100,000. However the Interim order was passed for 5000 per month... On prima face! But she was. Working as beautician!
During marriage proposal... They said she did her teacher training... But she is not even 10th std. But she was. Earning 10-12000 as beautician!
I am a man for clean habits, decent educated and was. Earning 27000. But my lawyer did not reveal my salary info... Also had lost my job due to physical assault! Hence IM order was passed randomly... On prima facie! I have only her school going photo! No evidence of her employment... As she worked as free lance beautician!
In between this...
1. They assaulted me and my old parents to black n blues for which FIR was filed along with all medical certificates.
2. I lost my job due to physical assault at my office. Gave resignation letter even before filing objection!
3. Gave all the medical certificates about medications and ailments of my father and mother from past 15 years!
Though we gave all this as evidences initially, no use!
4. No counselling or mediation happened!
5. Filed petition on sec. 125 (4) and (5) before 7 months... No objection filed till date!
6. As I couldn't pay IM initially, in my absence... Wife's lawyer managed to issue warrant twice though I paid 20000 initially!
6. 8 months before... NWife's lawyer plays psycological game and had even assaulted, used filthy words on me and my parents. I complained to judge... and the judge warned him and asked to behave himself at court! He asked an apology with me!
Now... Keeping that mind... ( as there are new judges come to court) just to trap me and land me in jail.... He makes false allegations! As they are new judges... Without allowing me to speak.. They shout at me!!! My 70 year old father, 60 year old mother come out in tears!!! My lawyer is good at maintening decorum! Says he can't oppose his own community!!!
Paid balance IM of 60000 last date!
Paid IM up to Date.... But still wife's lawyer not filing evidences! Comea- makes allegations - takes date and GO!
Wife not coming to court from 09 months!!! But enjoying money!
Neither wife coming to live with me, nor her lawyer will file evidence to court and proceed the case further... Just enjoy my money and harass me and my very old parents????
What to do? Job less.! Took loan for interest pledged some gold and managed to pay 60000 last hearing! As warrant was issued!
Took NOC from my lawyer... As he was not cooperating, except come - stand and go type! Only says to pay maintenance on time... but never opposes anything! Very old person!
Please help! I am unable to breath! Knifes at all the directions!
No job, court & cases, old parents, family maintenance, IM, harassments all on one person!
Please help!
ADVOCATE NITIN KAPOOR
(Expert) 30 January 2017
Dear Litigant,
Very sorry for the inconvenience, you may prove that your wife has sufficient source of Income, thereby, can't claim maintenance from you under Section 125 Cr.P.C.
You can vehemently fight the case against your wife under which FIR has been lodged for assaulting your aged parents.
You may also undertake before the court that you have no source of income to pay maintenance and also there are expenditures on your parents to bear. Thereby, Maintenance should be altered.
Note: All depends from facts to facts, above said are merely illustrative suggestion not the exhaustive ones.
Regards,
Advocate Nitin Kapoor
Mob: 8800692624
Born4Justice
(Querist) 30 January 2017
Dear Mr.Nitin kapoor,
Thank you for writing and your valuable advise! But I don't gave any proof of her earning... As she worked as a freelance beauticuan. Some times at home or parlour! That parlour us close long back... N may not gave branch anymore.
Order us passed on prima facie, that she us illiterate and unable to maintain. My FIR copy though we have given... It has no value at all! Unfacf, my lawyer should use it wisely n make judges to understand about the repeated harassments we have taken... But they are not doing it. I have changed 2 lawyers!!!
Born4Justice
(Querist) 30 January 2017
Dear Mr.Nitin kapoor,
Thank you for writing and your valuable advise! But I don't gave any proof of her earning... As she worked as a freelance beauticuan. Some times at home or parlour! That parlour us close long back... N may not gave branch anymore.
Order us passed on prima facie, that she us illiterate and unable to maintain. My FIR copy though we have given... It has no value at all! Unfacf, my lawyer should use it wisely n make judges to understand about the repeated harassments we have taken... But they are not doing it. I have changed 2 lawyers!!!
Are you available at Bangalore fie advise / service?
Rajendra K Goyal
(Expert) 30 January 2017
1. You have to rely on your lawyer and act on his advice. Frequent change of lawyer may not be beneficial to your case.
2. Prey the court to allow your parents not to appear on each hearing / exemption of physical presence on each date.
3. It is better to sell ornaments instead of taking loan on heavy interest.
4. Collect proofs of her qualification / earning present and future and submit in the court file.
5. Submit proofs of your unemployment.
Remember, most people does not want to indulge in litigation but have to. Court cases are time and cost consuming. You can not be sure for decision immediately in court like in films. We know examples when people have to sell all their assets to meet court case expenses.
If you are firm, courageous you would win in most of the fronts.
Dr J C Vashista
(Expert) 01 February 2017
@Born4Justice,
1. You are anonymous, no reply for the query posted by an anonymous queriest.
2. It is too long a story, you will have to be precise and brief in your query.
3. Contact, consult and engage a prudent local lawyer if you are dissatisfied with your lawyer contesting your case.
