Please Advise on a very serious issue in 125 CRPC.
CASE POINTS
Allegations: Demand of dowry,Demand of Money,Demand of Honda City Car,Transfer of Shop,Maltreatment,Beating ,Torture,Not provided food,Not allowed to wear gold articles and use dowry articles at matrimonial home. Husband is big businessman and having lacks of Rs of Income monthly, have own big business.
Doccuments provide to support their allegation during Trial Current account bank statement wiothut the owner's name and of selcted time period of 3-4 months having trasactions of approx 18 lacks. 2 web site print out to show that husband is a owner of firm and having lacks of rs of income. Few recipts of physiotheraphy of rs 15000 pm on child's foot. (this content is out of pleeding in compalint) Sumbmitted one certificate from physiotherapist that child needs physiotheraphy. there is no prescripttion from the doctter on file.
One PW has tendered his affidavit but did not come for cross examination and they closed their evidence.
We have placed firms owner real doccuments such as orginal VAT certificate,bank certificate of prop. ship,bank statements along with the prop. name,other doccuments to show the husband is not owner of firm and dont have any share in it. Submitted one declaration on Firms letter head that prop. of firm is ready to transfer all the assetes and liablities including bank account in the complainent's name but she refused to accept the same during her cross examination that doccuments is on file as Exibit. She also admitted that she maintains certiain accounts of firm and visited firm several times and also admitted worker of firm during her cross examination. Submitted husbands salary doccuments that he is getting only Rs.5000 from firm as a supervisor. She also admitted during her cross examination that she is an income tax assesse we submitted 4 ITR but she only admitted 1 ITR of rs 1,26,000 and denyed other 3 on saying that she might have submitted the same but dont remember now. We have submitted during argumants the original attasted by Income Tax Officer all 4 returns that these are genuine. She admitted in cross that she was working as lectarer prior to her marriage. Sumbits that husband has no source of income his father is depositing interim maintenace of rs 15000 in court. submitt around 25-30 photgraphs of diff occasion and hill stations she admitted mostly and are on file as exhibit few she denied again submitted in arguments as a email exhanged between the complainent and husband she already admitted her e-mail address those photographs are exchanged in between both. also submitted few emails exchanged in between both about a holiday package booking, submiited affidavit and corss of PW 2 owner of firm. other relevent material which came out from the complaint and her father's cross examintaion on many allegations. 2 RTI on the issue of physiotheraphy is not required in treatment. other medical books on the child physiotheraphy which clearly says that no physiotherpy is required and some news paper cutting on the same issue which says no physiotherpy is required. two email of different ocasions in which complainet is demanding for gold rings.
they have not submitted any proof of income of husband ,husband is not an income tax assesse.
Judge bypass our all the evidence and give maintence of rs 20000 on the ground that child is not well and expensive treatment is going on and she is justifyed in living seprately and awrded Rs.10000 each. Please advise what should i DO and please provide few valued apex court case laws regarding my case.
