Rivision of crpc 125 interim order
jagjit
(Querist) 09 May 2014
This query is : Resolved
SIR,
MY WIFE HAS FILED CrPC 125 CASE AGAINST ME IN WHICH COURT HAS ORDER 2500/- INTERIM MY WIFE HAS FILED THE REVISION FOR THAT IN RESPECT OF THAT I WANT TO KNOW THE FOLLOWING,
1. SUMMONING SERVICE HAS NOT BEEN DONE BUT HER COUNCIL INFORMED THE COURT THAT I KNOW ABOUT THE CASE AND COURT HAS ACCEPTED THE SERVICE OF SUMMON, THOUGH I AM A DEFENSE EMPLOYEE NO SUMMON HAS BEEN SENT TO MY COMMANDING OFFICER, IS IT CORRECT.
2. SHE FILED LOT OF LITIGATION AND I AM IN A FINANCIAL DEBT CAN I APPEAR IN PERSON.I KNOW THAT I AM NOT A LAWYER BUT I CAN REPRESENT MY SELF AGAINST HER FALSE ALLEGATION.
3. WHO IS HAVING BURDEN OF PROOF OF MY SALARY, MY WIFE OR ME.
4. WHAT HAPPEN IF CRIMINAL REVISION
DISMISSED AND IN MY FAVOR. THE INTERIM WILL STOP OR CONTINUE.
5. KINDLY GUIDE ME.IF YOU CAN TELL ME SOME REFERENCE CASE I WILL BE THANK FUL TO U. WITH REGARDS.
5.
ajay sethi
(Expert) 09 May 2014
you can apepar in person if you so desire . you can also avail of services of district legal aid centre if you cant afford legal fees .
as far as your salry is concerned better file your income tax retruns to show your current salary .
if your wife revision for increase in maintenance is dismissed you have to continue to pay interim maintenance as ordered by trial court
Devajyoti Barman
(Expert) 09 May 2014
1. No
2.Yes
3.You
4. Interim will continue
5.No reference is given here.
Dr J C Vashista
(Expert) 10 May 2014
Q 1. SUMMONING SERVICE HAS NOT BEEN DONE BUT HER COUNCIL INFORMED THE COURT THAT I KNOW ABOUT THE CASE AND COURT HAS ACCEPTED THE SERVICE OF SUMMON, THOUGH I AM A DEFENSE EMPLOYEE NO SUMMON HAS BEEN SENT TO MY COMMANDING OFFICER, IS IT CORRECT.
A. Yes, the summon has to be served through Commanding Officer if you are a uniformed (combatant)defence employee and posted at so and so place.
Q 2. SHE FILED LOT OF LITIGATION AND I AM IN A FINANCIAL DEBT CAN I APPEAR IN PERSON.I KNOW THAT I AM NOT A LAWYER BUT I CAN REPRESENT MY SELF AGAINST HER FALSE ALLEGATION.
A. Not necessary but beneficial for you to engage and take services of a lawyer in your own interest
Q 3. WHO IS HAVING BURDEN OF PROOF OF MY SALARY, MY WIFE OR ME.
A. She will prove, which you will disprove.
Q 4. WHAT HAPPEN IF CRIMINAL REVISION
DISMISSED AND IN MY FAVOR. THE INTERIM WILL STOP OR CONTINUE.
A. As per Court order.
T. Kalaiselvan, Advocate
(Expert) 10 May 2014
This is not a police case, it is a private case, so summons need not be routed through Commanding officer of the unit. Rest other things I agree with the experts' views.
