125 & 128 cr.p.c.
Arvind Singh Chauhan
(Querist) 05 October 2012
This query is : Resolved
AAA(lady) married with BBB putting him under intoxication and undue influence and got marriage certificate from araya samaja also. While her husband is still alive and there is no divorce between them.
After doing such all, she has grabbed all his money and retirement dues. When BBB's son knew this he took his father with him.
AAA filed 125. BBB appeared and didn't filed written objection only filed compromise that "HAMARA SAMJHAUTA HO GAYA HAI. HAM MAMLE KA IS ADHAR PAR NISTARAN CHAHATE HAIN". He also recorded his statement that "HAMARA SAMJHAUTA HO GAYA HAI. HAM MAMLE KA IS ADHAR PAR NISTARAN CHAHATE HAIN MAIN PRARTHINI KA BHARAN POSAN KARTA RAHOONGA". Court fixed the maintenance amount.At that time BBB was under impression of crook lady.
Now BBB is with his son and ill. AAA has filed for the recovery of 12 month's maintenance amount.
How BBB can cope with this situation.?
BBB didn't filed written objection-whether it amounts admition of marriage. Even in his oral evidence there is nothing that AAA is is wife.
What is the remedy now when he can't file appeal. How can he obtain stay on recovery.?
Bhawani Mahapatra
(Expert) 05 October 2012
BBB is now bound by law to pay compensation as ordered by the trial court u/s 125 Cr.P.C. He cannot take the plea of not submitting w/s or AAA was not his wife etc. This plea could have been taken during trial of the case. Also for the purpose of maintenance case, strict proof of marriage is also not necessary. Perhaps limitation period of appeal is over.
Still you can consult the concern lawyer, who has conducted the case on your behalf.
