fighting back (exec) 26 March 2013

Mother cant travel to another state, pls guide

dear members, pls advice,

wife has filed RCR and 125 case, both cases are about to start with arguments, there are numerous false allegations against me and my family including my mother, in both RCR and 125 cases now, some or the other day, my mother would also be summoned by the court for questioning, the cases are going on in MP and i am resident of maharashtra.

my mother has severe problem of arthritis, which has severe joint pain, hence she cant travel that long distance to court, hence is there any solution for this problem, can i appeal in court on her health grounds that she cannot travel such a long distance

thanks all....

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4 Replies

Tajobsindia (Senior Partner ) 26 March 2013

Para 1:- If your wife wants to summon your mother in respective courts then state her health grounds and seek diet money with medical attendant inclusive lodging / boarding / conveyance all paid by her (wife).

Para 2:- In either / both cases if you want your witness is mother then you have to get her proof affidavit made. Then you need to get same marked. The Proof Affidavit of your mother with her signature with local (Maharashtra) Oath Commissioner seal affixation is submitted in respective Courts. Also seek PoA of your mother and submit the same in respective Courts. These two will compel your wife to call her if she wants to demolish your mother’s affidavit statement and then previous para A is your plea as you have her PoA and if allowed then I donot see why a OA patient cannot travel to MP to save her son’s back either as your witness or submitting herself for cross?

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fighting back (exec) 26 March 2013

@TAjobs...thank you very much sir for your kind reply, i would like to ask, how can i ask for diet money from wife, as suggested by you, as she herself has asked form interim and final maintainence in sec 125 case, and she claims to be unemployed, hence can the court really give money to me, taken from her, in such circumstances?

would like to thank you again for your kind reply. appreciate your help!

Tajobsindia (Senior Partner ) 26 March 2013

Observation first:- If you give all answers to your wife’s issues then better accept her as she is and take her to Alps hand in hand why ask us then?

Suggestion on observation:- Meet your wife properly in Court and don’t take all her pleas to bed they are never gospel truth as history tells us.

Remedy interpreted:- In reference to your supplementary query before us, "diet money" word is used when a witness is called for summoning from outside and for that purpose s/he has to spend his/her valuable time. So concerned Court fastens a duty upon the party who calls such witness to deposit with it diet money for that person so that it may be paid to him/her when s/he comes for his/her evidence. Smart husband casts such duty via express Order of the Court as and when required such as instance brief.