Ex-Parte Cr.P.C 125
Querist :
Anonymous
(Querist) 13 June 2010
This query is : Resolved
I had Filed for maintenance for me my son and Daughter u/s Cr.P.C 125 after 6.5 years of Separation, He had received the Summons but not attending, now Court is asking for Income proof of my Husband before proceeding Ex-Parte, which I don`t have any information what are the options available to me?
RAKHI BUDHIRAJA ADVOCATE
(Expert) 13 June 2010
Dear Author,
I have queriews to ask from u. Thereafter I will suggest u what to do. U can call me at 9871158578
Adv Archana Deshmukh
(Expert) 13 June 2010
Try to get some evidence of the employment of your husband. In any case, if you are unable to maintain yourself the court will award maintainance because it is the duty of the husband to maintain his wife and children. However, if you cannot produce the proof of his income then , the quantum shall be low.
VIJAY K. TEOTIA
(Expert) 13 June 2010
It is inyour interest to file evidence of income of your husband to get maximim benifit. Otherwise court will allow interim maintenance as per law. alternatively and additionally you may file details of imoveable property in the name of your husband and also ownership record of agriculture land, if any. even otherwise if proceedings are ex-party still you will have to ensure details of property to get execution of the order.
Devajyoti Barman
(Expert) 13 June 2010
Though the court may ask for the income proof of the husband to reach to a definite conclusion for the purpose of determining reasonable amount of maintenance, such non availability is however is no handicap for it. The court in absence of income proof can definitely grant maintenance though the quantum may depend on the discretion of the court.
adv. rajeev ( rajoo )
(Expert) 13 June 2010
If your husband is working then you can obtain the salary details from his office. If his office denied to provide you the details then file an application to call the documents regarding your husband's salary from the office.
Arvind Singh Chauhan
(Expert) 13 June 2010
I do agree with Barman Sir and rajjev Sir. I have to say that while filing of application you would have mentioned his income. If he is avoiding the proceeding after due service of summon, court should presume income mentioned by you, to be true unless it is rebutted.
G. ARAVINTHAN
(Expert) 13 June 2010
You have to prove the income of your husband. How come court know it and order. is it not the duty of the court?
G. ARAVINTHAN
(Expert) 14 June 2010
If you ask for maintenance of Rs.10,000/- per month and your husband's income is only Rs.3000/-. The Judge cannot pass order more than a specific amount. So only he ask for income proof
