Crpc125
shabana
(Querist) 11 November 2013
This query is : Resolved
My wife has filed for maintenance underCRPC SEC 125,summon of which has not been received by me ,or family.I live in UK.An email was in my inbox,from some Govt body,i think in June,but I deleted it without reading it.The stage of the case is HEARING WITHOUT SAY.My mother who lives in India has cases of DV and 498a against her and she is on bail.What should I do in this case.Should I hire a lawyer and fight this ,her case is full of lies.Can I give POA to my mother?I have not been to India since all this started.No summons have ever been served on me.The DV case has been dismissed,because she or her lawyer were never present,after the discharge of my uncle.She had also filed in FC for dissolution of marriage,but that too was dismissed because of her absence.I have given her EHSAAN form of Divorce through a lawyer ,a year ago.
Please advice ,if I should fight this CRPC125?
V R SHROFF
(Expert) 11 November 2013
YOUR SCREEN NAME INDICATE that u r not Husband , but Wife.
However, if u r H, then
If a 125 cr p c case was lodged, and they successfully informed u by E Mail,
YOU R ADVISED TO APPEAR THRU YOUR ADVOCATE, AND IMMEDIATELY FILE YOUR SAY.
u can use notarial in UK , for ur SAY,
File V.P. , and u need not personally appear before the court.
U must fight this CRPC 125..
Nadeem Qureshi
(Expert) 11 November 2013
summon has been served upon you through mail, you should appear before court personally or through advocate otherwise an ex party order may be passed by court against you.
feel free to call
R.K Nanda
(Expert) 11 November 2013
agree with Nadeem.
Devajyoti Barman
(Expert) 11 November 2013
Engage an advocate and contest the case.
shabana
(Querist) 12 November 2013
Thank you all for your advice.I am the mother,living in mumbai.I have been advised that if I contest this case on POA from my son,I am in for trouble.I will be liable and responsible for the outcome of this case,and my son will be forced to come to India to bail me out ,and then he can be put behind bars for cases like498a.Now I can refuse to accept anything which comes for him ,but if I represent him in this case and act on his POA , I will be liable for all his acts .I am a senior citizen and widow,
I am very confused by all this .Pls HELP.Is there anyone I could meet personally,Thanks
ajay sethi
(Expert) 12 November 2013
fight the case . obtain POA of your son . you can file reply on behalf of your son . fight case on merits
V R SHROFF
(Expert) 12 November 2013
If u contest the case, no problem. u r safe.
If uncontested, it will create more problem,
So advised, file your Reply.
shabana
(Querist) 14 November 2013
Thanks a lot for your advice
