Fighting for a cause (Defending court cases ) 23 July 2012

125 crpc

In my WS in the 125 case I have submitted that I am unemployed at the moment. I read on the forum that submitting an affidavit regarding unemployment will be helpful but my advocate says that affidavit is not required. He says that you will submit affidavit, then your wife submits affidavit about her unemployment, what is the use.

I have said in my WS and I will say the same thing in my evidence that I am unemployed at the moment. Is this sufficient or affidavit is must. Case running from may 2011, June 2012 she submitted application for Interim maintenance which will be decided shortly.

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Varinder Malik (Advocate) 23 July 2012

Well if u have admitted that she is your wife, then you have to give maintenance to her.In the latest judgement Delhi h.c held that if husband is unemployed he is not bound to give maintenence.Filing affidavit according to me may help you but ultimately it depends upon the evidence which you adduce.

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Fighting for a cause (Defending court cases ) 24 July 2012

Thanks for the reply Varinder. "ultimately it depends upon the evidence which you adduce." This is regarding the statement which is given under oath in the court or the documentry proof such as relieving letter or termination letter from the Company where I worked. Courts say that relieving letter is not a proof of unemployment, is there a way by which it can be prooved.