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Sidd (qa)     04 July 2013

Crpc 125 case from past 5 years

Dear Seniors,

i am fighting Crpc 125 case since 2008 and without giving me a single chance ex-parte was done at the initial stage and i have not paid anything as per the order and filed revision petition in the next higher court(district court) and the order was set aside.

After that the regular initial case of crpc 125 again continued in the JMFC and have submitted the objection. I have got all the proofs of her educational qualification and previous job experience though i dont have the present working documents. 

now i want to know from all of you that if i have the documents to submit to the court, i have to submit the original or a photcopy is enough as exhibits( the reason i am asking is i have some debts which i have taken from friends in terms of promisory notes, the original will be with them and i will be only having a copy of that. Can i produce the same or i need to attest and do notory of these documents pls help)

in these 4 years, almost 3 lawyers have taken full money as fee and when it comes to the final stages of argument and Xm they say it is a small case and they dont have time

Pls do help me so that  i will be releaved from this situation at the earliest



Learning

 7 Replies


(Guest)

Your case has not been handled properly. 

Sidd (qa)     05 July 2013

Dear helpng hand

 

What arrears?? i think you have not read my question properly.

I have already won the 498a case which i fought for more than 5 years and the case is in my side. From the day one of my marriage i have been subjected to cruelty in one way or the other both emotionally and physically too.

Now i am fighting this Crpc 125 case which is in the stage of argument and cross examination. I have already filed the objection and when it is the time for argument and cross examination i want to submit some proof's realted to her education and other details to prove her education and past working experiences. For that i am asking whether a photocopy of thees documents can be produced or do i need to attest by the notary.

 

now i want to know from all of you that if i have the documents to submit to the court, i have to submit the original or a photcopy is enough as exhibits( the reason i am asking is i have some debts which i have taken from friends in terms of promisory notes, the original will be with them and i will be only having a copy of that. Can i produce the same or i need to attest and do notory of these documents pls help)

in these 4 years, almost 3 lawyers have taken full money as fee and when it comes to the final stages of argument and Xm they say it is a small case and they dont have time

Pls do help me so that  i will be releaved from this situation at the earliest


(Guest)
Originally posted by : Sidd


Dear helpng hand

 

What arrears?? i think you have not read my question properly.

I have already won the 498a case which i fought for more than 5 years and the case is in my side. From the day one of my marriage i have been subjected to cruelty in one way or the other both emotionally and physically too.

Now i am fighting this Crpc 125 case which is in the stage of argument and cross examination. I have already filed the objection and when it is the time for argument and cross examination i want to submit some proof's realted to her education and other details to prove her education and past working experiences. For that i am asking whether a photocopy of thees documents can be produced or do i need to attest by the notary.

What all documents you need to provide in 125 crpc?

1.  Your edu qualifications, income. [income minus expenditure [EMI, loans, medical exp, insurance, misc exp = take home income, on that 1/3rd they calculate maintenance]

2.  Your lovely wife's edu qualifications, her income [immovable assets, her salary slip, her bank deposits]


All xerox copies you need to provide.  iF you dont have xerox copies of her income, etc, then you can ask for appointment of Court Commisioner, and he will find out all details pertaining to your lovely wife's income.  Notarized documents will also be accepted.



 

now i want to know from all of you that if i have the documents to submit to the court, i have to submit the original or a photcopy is enough as exhibits( the reason i am asking is i have some debts which i have taken from friends in terms of promisory notes, the original will be with them and i will be only having a copy of that. Can i produce the same or i need to attest and do notory of these documents pls help)


in these 4 years, almost 3 lawyers have taken full money as fee and when it comes to the final stages of argument and Xm they say it is a small case and they dont have time

Pls do help me so that  i will be releaved from this situation at the earliest

Do your homework as I've told you above, rest will go on smoothly.


(Guest)

For those which you cannot produce originals from your side pertaining to your income and liabilities, give xerox, your salary slip, medical bills etc, insurance etc, EMI paid etc all that you provide originals only.  For your opposite party lawyer will surely tell that these are false documents, if you only provide xerox attested by notary, for rest which you cannot produce originals, then produce xeroxed notarized copies.


For your wife's educational qualifications etc, they would have agreed about edu qlyfications somwhere or the other, in 498a or in this 125 crpc, corresponding evidence of her edu qly you provide as xerox.

Adv. Chandrasekhar (Advocate)     05 July 2013

Law stipulates that you have to produce original documents to prove them.  Photo stat copies or notary attested photo stat copies will not do.  You file the photo stat copies and for proving them, you have to summon those persons in whose custody such originals are lying and prove those documents by their evidence.

1 Like

Sidd (qa)     05 July 2013

Thanks a lot for the clarifications Helping hand and chandu.


(Guest)
Originally posted by : Sidd

Thanks a lot for the clarifications Helping hand and chandu.


Hit the thumbsup  button to thank!


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