Maintenance u/s 125 crpc

V.N.K. MENON (Querist) 22 August 2018 This query is : Resolved
Status of the matter:
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Wife filed "Evidence by way of Affidavit".
Examination-in-Chief was also conducted by husband's counsel.
Next husband has to file reply. The counsel says there is no system to file Reply/ Rejoinder by way of Affidavit by husband in lower court. He says the system is prevalent only in H/C and SC. Is it right?

I feel since wife filed evidence by way of affidavit, husband has also to reply by way of affidavit. Shall appreciate if experts give the procedure, please.
Thanks in anticipation.

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Isaac Gabriel (Expert) 23 August 2018
The court will pass orders after due process of law.

Dr J C Vashista (Expert) 23 August 2018
Whether the applicant (wife) has closed her evidence?
After closure of applicant's evidence the respondent/husband shall prove his case by recording evidence of all his witness(es), which is permissible/allowed/acceptable in the form of affidavit.
There is "no" scope to file reply to evidence of applicant (wife), as stated by you.
Consult a local senior lawyer for proper guidance.

Vijay Raj Mahajan (Expert) 23 August 2018
The right to reply by husband exists for any application moved against him including section 125 Cr.P.C. The affidavit in defence of his reply against the application of the wife u/s 125 Cr.P.C also exists no court can refuse or disallow the husband for not defending his case or filling his reply to the application or giving evidence to prove his reply. The evidence in the form of affidavit is the usual practise in the matters u/s 125 Cr.P.C where both parties are supposed to file and on the basis of these affidavits the Family Court decide the application.

Guest (Expert) 23 August 2018
Right to defend cannot be denied to the husband. Procedures have to be followed, not conventions.

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