125 cr pc

Guest (Querist) 01 June 2012 This query is : Resolved
I have field 125 cr.p.c case on my husband. My husband during his cross exmination denied that he is earning Rs.1,00,000/- per month. I could not produced any income proofs of my husband during my evidence stage.
In first week of april 2012 court has passed its final order.The court has assessed my husband's income as Rs. 6,000/-per month. My petition has been declined and dismissed and court has only allowed Rs.1200/- for my minor son.

The court in its order has said that my petition is being declined on the ground that I have left the company of my Husband without any reasonable cause.

Now i have filed criminal revision in high court.

MY QUERY ; I HAVE SOME DOCUMENTS OF INCOME PROOF OF MY HUSBAND CAN I SUBMITT THESE DOCUMENTS IN HIGH COURT.

WILL COURT CONSIDER THOSE DOCUMENTS.

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kuldeep kumar (Expert) 02 June 2012
wo sab to thik h but did /dit't u leave ur husband.thats y court declined.ur divorce seeking grounds are also weak now.

Adv.R.P.Chugh (Expert) 02 June 2012
1. Yes - you can submit these documents, In light of these documents if they inspire confidence the court may in all probability the revisional court COS or HC - would remand the matter back to JM.

2. When something is in exclusive knowledge of a man - and man does not come out clean with it - an adverse inference can always be drawn against him. Certain Amount of guesswork is not entire impermissible in maintenance proceedings.

3. However your claim has been negatived because of you living apart sans sufficient cause - see how you can challenge it

Shonee Kapoor (Expert) 02 June 2012
Yes, you can submit these documents in HC.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Devajyoti Barman (Expert) 02 June 2012
Yes you can submit those documents but the high court is likely to remand the case to the lower court itself for considering the same as before it you did not file the same.

However the lower court has ignored the supreme court decision which has held that even in the circumstance of desertion the wife is entitled to maintenance.

Focus on that point in the high court.

PARTHA P BORBORA (Expert) 02 June 2012
but why u did not submit it before the trial court? ????????????? but you may submit it in the revision and the court will decide what to do.

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