Thanks @Helping Hand & shirks for your Replies.
Briefs on your Replies are:-
1. Wife filed 125 case for herself & child in Aug-2008 with Husbands Income Details
(Bank Statments, Appointment Letter) took same from husband Almira beore evading from matrimonial house.
2. Husband filed WS on Sept-08 with Objections like her Educational Concealments & leaving her matrimonial
home without reasonabl cause, Marriage was dowry less, Full Love & Care given to her during her stay.
But previous Lawyer did n't file even a single Document in support to that. Not even Sec9(RCR) Order in which
she came back on the very first date.
3. Wife filed Rejoinder on Oct-08 with the newspaper cutting in which my father disowned me & my wife.
After that MM Judge without any argument passed order in wife's favor even without any arguments on prima facie basis.
Then husband filed Revision in Sessions that too got failed as husband failed to prove wifes Income.
Jail & NBW happened with husband.
Husband filed 127 CrPC. Is on Argument Stage now. In which husband File Wifes 4 years of Work Experience with Bank
Statement Detailsa found from 498a case(chargesheet).
Wife filed Evidence by Affidavit in May 2011. Now husband have all her Work expereince Proofs
(CV, Bank Statement) of before Marrige.
Also sufficient proofs that she was well treated in her matrimonial home. Sec 9 Order, 340 is already
been filed against her.
So What must be the usband's next move as 127 is at Arguments stage. Will judge do the arguments in 127
or will first go for the Evidences ?
If Evidences then it will be time consuming as 127 is filed on Interim Orders only. How to get the 127 in
husbad's favor after arguments.
Also what is counter Affidavit in 125 case. Does it means to file the Evidences against wifes contentions whatever
she has written in Evidence Affidavit with Relevant Evidences? So as to close the case if Wife's Evidence is 95 %false.
Reference can be given with Delhi High Court Judgement saying as attached:-
Read section 101 to 106 in totality and not in isolation.....
Please read section 106 of Indian Evidence Act "Burden of proving fact especially within knowledge" Also read section 115 of Indian Evidence Act.
Moreover, do not confuse between onus of proof and burden of proof
"The affidavit may be treated as supplying prima facie proof of the case of the applicant. If the
allegations in the application or the affidavit are not true, it is always open to the person against whom such an
order is made to show that the order is unsustainable."
.