Crpc 125
Querist :
Anonymous
(Querist) 27 October 2018
This query is : Resolved
Dear Experts,
Firstly thanks to all of you for providing your valuable feedback on this forum, it has been of immense help for me.
Quick background to the case:
1) I have a CRPC 125 case undergoing, in which my wife has filed the petition stating while she is working, her salary is too less for her to maintain herself. She has claimed for maintenance amount of 50k stating that it is apt based on my income (She has not provided any evidence to this effect)
2) After I submitted my W.S stating the following points:
a) The burden of proof is on her to prove that her salary is too less and she is not able to maintain herself in the salary.
b) She needs to provide evidence to prove my income and how is the said amount justifiable.
3) Their is no application for interim maintenance.
4) After I submitted my W.S the CJM moved the case directly to evidence stage (without listing/framing of issues). In the evidence stage, my wife did not submit any evidence and through her counsel made an application for production of my Salary Slip and ITR for last 2 years.
5) In my reply to the application, I contested that the applicant needs to be rejected based on:
a) The burden of proving my salary is on my wife
b) The current stage of case is Evidence for the applicant, so she needs to submit all her evidences
c) I will submit my income details to the court during my evidence stage, subject to the applicant giving all her evidences before that.
6) Despite my argument the CJM, allowed her application stating that she is my wife and needs to know my income details, and has instructed me to submit the documents.
7) I am planning to file a revision/appeal in the session court for dismissal of the order on the following grounds:
a) The trial court is not following the trial process (Issues not being framed - directly moving to evidence stage - asking respondent to 1st submit evidence (salary slip) and skipping the applicants evidence phase)
b) I being the respondent - production of salary slip and ITR is against the provision of "Immunity Against Self Incrimination". if the information is required then the applicant can move through RTI act or ask court to summon my employer to provide details, but cannot ask me to provide income details.
c) In my reply to the application I have clearly stated that I will provide the documents during my evidence stage, only after the applicant comes to court with clean hands. Thus their is no need for such an order at this stage.
My query to the eminent experts:
1) Can you please provide me guidance/feedback as on whether I am on the right course or needs course correction?
2) I have no issue giving my salary details, but the CJM seem to in favor of the applicant. Thus my fear is he may pass an interim relief based on my salary without considering other evidences/facts (as he has done in this order).
Your feedback would be of great help.
Thanks and Regards,
KISHAN DUTT KALASKAR
(Expert) 27 October 2018
Dear Sir,
Your proposal to file revision is fine. In the meanwhile you may approach the High Court and get specific orders to dispose the cases within time prescribed in the following circular.
Karnataka Case Flow Management Rules
SIMILAR RULES ARE FRAMED BY ALL THE HIGH COURTS
the Karnataka High Court has launched the Case Flow Management system.
The Karnataka (Case Flow Management in Subordinate Courts) Rules 2005, as it is called, was gazetted by the State Government almost two years ago. Subsequently, the High Court framed the rules applicable to all suits and civil proceedings before the subordinate civil courts and tribunals.
It divides cases into four tracks.
Disposal in 9 months:
In Track 1 the High court has included suits on maintenance, child custody, appointment of guardians and wards, visiting rights, letters of administration, succession certificate, recovery of rent and permanent injunction. All cases under this category will have to be disposed of within nine months.
Disposal in 12 months:
In Track 2, cases on execution, divorce and ejectment will have to be disposed of within 12 months.
Disposal in 24 months:
Cases to be disposed in 24 months relate to partition, declaration, specific performance, possession, mandatory injunction, appeals, damages, easements, trade marks, copy rights, patents and intellectual property rights.
Disposal in 24 months:
Cases that are not in any of the three categories are included in the fourth category and they too have to be disposed of in 24 months. The presiding officer, however, has the right to dispose of the case earlier.
The rules prescribe a mandatory time limit for various court procedures such as issue of summons/notices. Proceedings shall indicate a maximum of 30 days for filing statement or objection from the date of service.
The procedures for IAs and interim orders and reference to mediation, conciliation or Lok Adalat, appointment of commissioners for recording of evidence, proceedings for perjury, adjournment and even first appeals have also been spelt out.
http://www.judicialreforms.in/forums/showthread.php?tid=63
Please mark “LIKE” if satisfied by my answer.
Querist :
Anonymous
(Querist) 27 October 2018
Dear Kishan Sir,
Thanks for your reply. Much appreciated.
Can you please help me with citations/reference in support of my points for appeal.
Regards,
KISHAN DUTT KALASKAR
(Expert) 27 October 2018
Dear Sir,
Your idea of filing the revision petition is fine. You may get all cases disposed as earlier as possible by relaying upon the following circular.
Karnataka Case Flow Management Rules
SIMILAR RULES ARE FRAMED BY ALL THE HIGH COURTS
the Karnataka High Court has launched the Case Flow Management system.
The Karnataka (Case Flow Management in Subordinate Courts) Rules 2005, as it is called, was gazetted by the State Government almost two years ago. Subsequently, the High Court framed the rules applicable to all suits and civil proceedings before the subordinate civil courts and tribunals.
It divides cases into four tracks.
Disposal in 9 months:
In Track 1 the High court has included suits on maintenance, child custody, appointment of guardians and wards, visiting rights, letters of administration, succession certificate, recovery of rent and permanent injunction. All cases under this category will have to be disposed of within nine months.
Disposal in 12 months:
In Track 2, cases on execution, divorce and ejectment will have to be disposed of within 12 months.
Disposal in 24 months:
Cases to be disposed in 24 months relate to partition, declaration, specific performance, possession, mandatory injunction, appeals, damages, easements, trade marks, copy rights, patents and intellectual property rights.
Disposal in 24 months:
Cases that are not in any of the three categories are included in the fourth category and they too have to be disposed of in 24 months. The presiding officer, however, has the right to dispose of the case earlier.
The rules prescribe a mandatory time limit for various court procedures such as issue of summons/notices. Proceedings shall indicate a maximum of 30 days for filing statement or objection from the date of service.
The procedures for IAs and interim orders and reference to mediation, conciliation or Lok Adalat, appointment of commissioners for recording of evidence, proceedings for perjury, adjournment and even first appeals have also been spelt out.
http://www.judicialreforms.in/forums/showthread.php?tid=63
Please mark “LIKE” if satisfied by my answer.
Querist :
Anonymous
(Querist) 27 October 2018
Thanks Kishan Sir,
Appreciate your feedback.
KISHAN DUTT KALASKAR
(Expert) 27 October 2018
Dear Sir,
Your are factually and legally correct. You are not forced to disclose your salary. It is for them to get the details and produce. By the by simply because you failed to produce the salary certificate the judge cannot adversely presume and pass orders.
Dr J C Vashista
(Expert) 28 October 2018
No obligation for an "anonymous" person as per rule of this platform.
Vijay Raj Mahajan
(Expert) 28 October 2018
Your revision against the order of the trial court will be dismissed.
The evidence about your salary is best available with you and to provide it at any stage is nothing discriminatory nor self incrimination for you.
If you're going with clean hand provide that to court why hesitate and make issue about it.
As far onus to prove the salary or income of wife is not sufficient for her maintenance is definitely on her and ultimately her case fails if she is not providing sufficient proof in support of her pleading.
The provision of maintenance u/s 125 CrPC is for reasonable expenses required by the married woman not extravagant expenses. Secondly the status of living of wife is supposed to be same as she had while living with husband, she cannot be made to suffer financially just because she's living separately from her husband at the same time her demands for extra money has to be for reasonable expenses not just because her husband has more income he has to provide extra to her.
All these issues are taken in consideration while deciding the petition for maintenance for wife.
Wait for final order of the court, you'll rather find that going in your favor than your wife's who will be thinking for appeal against that order.
Querist :
Anonymous
(Querist) 28 October 2018
Dear Vijay Sir,
Thanks for the feedback, appreciate your opinion on 'b' point of my appeal contention.
As for point 'a' and 'c', I have one question. Does the court have right to not follow the laid steps of issue framing followed by evidence and cross of applicant and respondent respectively. It is important in my case as the court is directly asking the respondent to submit evidence without asking applicant to provide evidence and ascertain if the case is sustainable.
Regards,
Vijay Raj Mahajan
(Expert) 29 October 2018
Judge of the Family Court can frame any rules for smooth operation of the family dispute proceedings, that right is available under the Family Court Act and held valid by the Supreme Court.
Querist :
Anonymous
(Querist) 29 October 2018
Thanks a lot Vijay Sir,
Is the provision also available for district courts. My case is at a district court.
Regards
Querist :
Anonymous
(Querist) 29 October 2018
Thanks Prasanna Sir,
Appreciate your inputs. I mean no disrespect but I beg to differ on your opinion of paying one time alimony. Why do I give in to unjustified demands without even giving a fight, I have gone through hell and this fight is worth every penny.
As stated at the very beginning, I appreciate the fact that the experts and this forum have been of immense support to me and thus today I am confident to atleast giving a fight, if not succumb to irrational/unjustified demands.
I am not trying to escape from any eventuality, nor do I intend to set a question paper for the experts. I am just trying to learn from learned experts like yourself, owing to your knowledge and experience in the domain. I do appreciate right guidance/feedback.
