Cross examination

 fact to be admitted

fraud background

only for extortion

already cheated lot of genders

her long term history

pure bone lazy careless lady

mobile gossipry

 

bro

can u please explain with best one examples for DV 125 498a

Mr.Sachin, you are yet to inform whether you are appearing in person. If not, have you discussed with your advocate - is he equally concerned?

By the way, is Sachin and "498a victim ........." one and the same person?

am victim 

Any further suggestion is impossible if the querist is evasive.

Originally posted by : 498a victim please advice
	Sir she says that in-laws keep asking dowry. When crossed what was date dowry demand, she says don't know, don't remember. These incidents are of date year 2010. Now the divorce was filled. 2- which date you went for movie, she replied don't know, Don't remember. 3- which garden or amusement park you went with your husband. She replied don't remember. Originally posted by : Dr J C Vashista Mr. 498A Victim please advise,You did not mention facts of the case, examination-in-cheif and claim of opposite party vis-a-vis your own defence for framing questionaire for cross-examination?

Originally posted by : 498a victim please advice
	Sir she says that in-laws keep asking dowry. When crossed what was date dowry demand, she says don't know, don't remember. These incidents are of date year 2010. Now the divorce was filled. 2- which date you went for movie, she replied don't know, Don't remember. 3- which garden or amusement park you went with your husband. She replied don't remember. Originally posted by : Dr J C Vashista Mr. 498A Victim please advise,You did not mention facts of the case, examination-in-cheif and claim of opposite party vis-a-vis your own defence for framing questionaire for cross-examination?

Allegations must be specific i.e with date, time, place is must to prove that allegations. General and vague allegations are not sufficient

If everyone gives answers to this question

we can improve and boostup our skills

we can pick general FAQ facts based on 125 DV 498a

or the best facts u known u can share so that everyone take benefit of your cross examination art

The questionire for cross-examination of a witness can (must) not be general as there is no point in asking general point, which shall waste your time and efforts at the cost of the inference drawn by the Court, remember it should be relevant to the case/ allegation and specific.

If the petitioner (your wife) has stated in cross-examination "I can say" "I donot remember" or likewise against your question  such reply to yis in your favour and against her, which may not be repeated for improvement, but emphasised in final argument.

crpc 125 aunty petition overview

1. both parties earlier spouses died. second marriage of both parties based on HMA
2. dowry demand 2 lakh and beated her and she admitted that she is living separately last 1 year
3. Respondent working in some IT company earn 85k
4. aunty mearge salary 10k.
5. demand 20K pm and litigtion 11k.

aunty facts
 her husband (religion christian) actually died(2012) and after than she took alimony around 2lac but she does not have her died husband death certificate
 I have certified copy through RTI
 In 2010 she is in living relationship with another Late second guy (religion jatt sikh family) and put rape complaint against him
 and took alimony 5 lac (2 for herself and 3 for wrongly supported people)
 I follow this second fact through RTI but there is Section 8 i) j)
 at last unable to find certified copy
 know late guy parent address
 convenince his family to come in court for witness but no body come for harassment in court  she filed 20 plus complaints in (181,100,Mahilla Comissioner Office xyz city, Women Cell, and location,local police station)
 I followed her through RTI and get Certiied copies.
 Aunty family background (late father pure drinker,two brother criminal background, and get stay from court for shaam laat land in xyz city)
 after 35 years of property dispute at last family vacate the land through family court
 aunty already took in due court of law stay (my parental self hard earned money) from JMLC judge and session appeal is pending

respondent facts
 I have death certificate of my died wife and have daughter who is 8 years old 
 I have physco treatment from govt hospital,unemployment registation card, working affidavit with my close friend with 7k earning
 I closed all my previously bank account, cell no, and report for lost of pan card and aadhar card.
 I make my all social profiles to private(fb,linkedin,instagrm,and others also),remove my picture, rename my actual name to other names
 bills of elctricity,water, daughter school fees,transport and others)

125 reply

PRELIMINARY OBJECTIONS :-
1. That the petition filed by the petitioner is not maintainable.
2. That the petitioner has concealed the material facts from this Hon’ble Court as the petitioner is a Christian by religion and the respondent is governed under Hindu Law. Hence the petition is liable to be dismissed on this score only. The petitioner has no right to file the petition U/s 125 Crpc, in her own statement she stated prior to the marriage she was Christian at the time of alleged marriage, she stated that she has become Hindu and at the time of making the statement before the ADC she stated that she belongs to Christian family and after 6 months at the time of filing this petition she has stated that her marriage has been performed under the HinduLaw and tradition. The petitioner nowhere placed any certificate issued by the Deputy Commissioner as a marriage registrar under the Special Marriage Act. As per law the petitioner while filing the petition has to stand on her own legs. Her statement as well as this petition is totally contradictory. 
3. The petitioner did not attach the death certificate and marriage certificate of her previous husband issued by the State government. Either her husband is alive or she has not taken divorce from her alive husband.
4. That the petition is liable to be rejected on the basis of the authentic contradictory statement as well as affidavit filed by her in this petition.
5. That the petitioner has suppressed the material facts and has not approached this Hon’ble Court with clean hands, hence the present application is liable to be dismissed.

RELY ON MERITS :-
1. That this para of the petition is a matter of record. That the petitioner was earlier married with one xyz name Singh who has died. As after the death of her previous husband regarding the second marriage of the parties.Rest of the para is wrong and denied. She tortured her previous in laws Christian family with concocted, false, fabricated, allegations, assertions and frivolous complaints against them and she left her own minor breast feed daughter aged about 1+ years to her previous in laws Christians family. Even though during the life time of her previous husband she came into contact with one guy Late Singh (Address: H.No.
#000 Village xyz 160000 city name) and she also disturbed his family and also took alimony. She lodged false complaint against the person who belongs to village abc Namely Late xyz Singh on the pretext of marriage she lodged a complaint U/s 376 IPC
in city name and Police Station with the wording that xyz Singh had been raping me for long time on pretext of marriage by way of building undue pressure
upon him. She took more than 10 lakhs from that xyz Singh since deceased. Rest of the para is wrong and denied. It is further mentioned here that she
came to contact with the respondent in year 2015 when the respondent had gone to hospital namee Hospital address for checkup. During health check up and treatment the petitioner treated the respondent, therespondent discloses that his wife Jyoti Parmar since  deceased who died suddenly due to high BP and respiratory problem who was having 4 months baby in her womb who has also died. The respondent was having one girl child aged about 2 years namely daugter name (DOB 00.00.2012) now she is 6+ years old, in the year 2015. During the treatment of the respondent in the hospital they became friends and she disclosed that I am widow lady. During that tenure she came to contact with me. It is further mention here that one day she leveled false allegations and blackmailed me and she concealed the facts from the respondent that she is Christian by religion and the respondent belongs to Hindu family. She started living in the house of the parents of the respondent on PG and manipulated the circumstances. 2. That the contents of para No.2 of the petitioner is wrong and hence denied. It is further mentioned here that parents of the respondent never harassed and never demanded of Rs. 2 Lakhs from the petitioner. It is mentioned here that as per law marriage is required to be registered under Special Marriage Act by the Deputy Commissioner of the District as a Registrar of Marriage,if either party is Christian and other person is Hindu that is called inter case and separate religion marriage. Under Hindu marriage Act, 1955, Ss. 2,5,12,13 is not applicable when one of the parties is not Hindu. Under Hindu Marriage Act, 1955, Ss. 2,5 marriage is void if Respondent/Husband is Hindu and petitioner is Christian. There is no valid conversion from Christian Religion to Hinduism Under Hindu Marriage Act, 1955, S. 2(1). Convert or reconvert going through marriage ceremony according to Hindu rites in the presence of a large number of persons. Clearly indicates that person was converted to Hinduism before the marriage ceremony was performed. No saptapadi was ever performed during the marriage of the respondent as per the law. If one of the spouse belongs to Christian community and the other is Hindu then the wife is not entitled for maintainance U/s 125 Crpc. It is further mentioned here that the petitioner has filed the written statement before the Hon’ble Court of Additional Deputy Comissioner city name in case father nameVs respondent and others and she has been arrayed as a party by father name, further of the respondent, the petitioner has duly filed the written statement before the Hon’bleCourt of Additional Deputy Commissioner and in that petition she deposed on oauth by way of making the statement that she belongs to Christian family. On the statement made before the Deputy Commissioner in Case no. 64 under Senior Citizen Act dated. 14.9.2018 and date of decision 0.0.2019 on the other side the petitioner has filed the petition before this Hon’ble Court along with the affidavit with the wording in para no. 1 that the petitioner is the wife of respondent and marriage was performed on 22.11.2015 as per Hindu rites and traditions. It is further mentioned that the petitioner has tortured, traumatized and blackmailed the parents as well as minor daughter with malafide intention and take undue advantage of law/courts and misuse the law to harass husband and him to take extreme steps. She is residing on the first floor of the house of the parents of the respondent and she took injunction order from this Hon’ble Court in the case titled as Sarista Vs father name and others and in that suite the defendants No.1 and 2 father nameand his wife have preferred an appeal and the same is pending before the Hon’ble Court of Mr Session Judge, ADJ, city name. It is further mentioned here that she is residing on the1st floor of the House of the parents of the respondent without paying any rent, electricity charges, water charges etc. and is enjoying all the facilities.

3. That this para of the petition is wrong and denied. It is pertinent to mention here that the petitioner is created hell type atmosphere in the house of the respondent, the old age parents are in helpless state of distress, deofstitution, destitution state suffering from various physical multi old age complications. The petitioner has tortured with absured allegations and assertions in such a manner that respondent has become a patient of depression and is taking treatment from GMCH – 32 Chandigarh copy of medical treatment is attached. The petitioner has slapped the minor daughter so many times who is motherless as she afraid to go to the room of the petitioner she has been threatened so many times by her that she will kill or kidnap the daughter of the respondent by way of giving some poisonous substance. She also threatened that she has got link with the high ups and gundas that she will eliminate the old aged parents as well as minor daughter. 
4. That is para is vague and the detailed reply has been mentioned in the above paras, the petitioner has noliability and is leading luxurious life as alleged and enjoying all the facilities without spending even a single penny.

5. That is para of the petition if wrong and denied. She is capable, well-bodied, educated and working as a Professional Staff Nurse in Hospital Name and address for long time. The petitioner is earning Rs. 25,000/- per month apart from the basic facilities provided by the parents (self acquired property) of the respondent under the guise of the stay obtained by her from this Hon’ble Court. She is earning more than the respondent. The respondent never earns such huge amount of money. She never bothered about education, health and well being of about the daughter of the respondent. She always told that she is rajput, but it was astonished to see the statement when she mentioned herself as Christian. She is passing in the age of sycophancy and is perverted nature lady. The respondent is a patient of acute depression and hence the attitude of the petitioner is such cruel that cruel treatment meted out with the respondent and adverse impact by her and the respondent lost his working strength as per the hostile atmosphere created by her inthe house of the respondent. Detailed reply has already been given in the above paras. The respondent is unemployed for long time and is unable to work due to the act and conduct of the petitioner and the mental agony suffered by the respondent. The respondent unble to fullfil the liability to take care and look after old parents and motherless short age child daughter. All the expenses and take care of my motherless girl child depend on the mercy of respondent old senior citizen parents. If petitioner claims her parental disputed ancestral property, she can get her own commercial share (approx 5 acre). Rest of the averments made by the petitioner is totally wrong and denied being concocted one. 
6. That this para of the petition is wrong and denied. It is pertinent to mention here that inspite of earning Rs. 25,000/- per month by the petitioner that she is facing the stage of starvation. Rather she is getting interest of the alimonies obtained by her from her previous husband’s Christian family member xyz and Sikhism Family of Late xyz. 
7. That this para of the petition is wrong hence denied. Detailed reply has been given in the above mentionedparas. It is mentioned here that the question of neglecting and refusal does not arise at all as she is enjoying the basic facilities in the A Class District of A Class city. The facts mentioned in the petition is false, vague and baseless as the respondent is not legally bound to maintain the petitioner. The petitioner is in the habit of making preplanned, concocted, false, fabricated, vexatious applications and complaints to extort money from him with malafide intention. 
8. That the contents of this para of the petitioner is wrong and denied. The petitioner is not the legally wedded wife as per her own statement and affidavit, which have been attached with this reply, so the question of maintaining the petitioner does not arise at all. The petitioner has got sufficient source of income and she threatened the respondent that she will claim the alimony as claimed from her previous husbands, as per the knowledge of the respondent the petitioner is having Rs. 20 lakhs in the shape of cash as well as FDRs from two previous litigants (xyz Lal and Late xyz Singh and Family members). She has also threatened that she has eliminated two person and now the respondent be ready to face the same consequences. List of attached documents are (Her ADC Senior Citizen Statement pages ( ___ to ___), Senior Citizen Order Copy pages (___ to ___), 181 complaint dt 13.8.17 pages ( ___ to ___), Police Station dowry complaint dt. 7.9.17 pages ( ___ to ___), city name women cell complaint copy dt. 17.10.17 pages ( ___ to ___), 181 complaint dt. 7.8.18 pages ( ___ to ___), DGP complaint dt. 26.9.18 pages ( ___ to ___), 181 complaint dt 4.3.19 pages ( ___ to ___), 181 complaint dt. 21.8.17 pages ( ___ to ___), 181 complaint dt. 4.3.19 pages ( ___ to ___), Punjab Raj Mahilla Mandal Comission Sect 00 complaint copy dt. 10.5.19 pages (___ to ___) , Her previous in laws gurdaspur complaint copy pages ( ___ to ___), Respondent baby girl child birth certificate pages ( ___ to ___), Respondent previous marriage certificate pages ( ___ to ___), Respondent previous wife Death Certificate pages ( ___ to ___), Respondent Medical Treatment Slips pages (___ to ___), Respondent Father Medical Treatment Slips pages ( ___ to ___), Respondent baby child school fees expenses slips pages ( ___ to ___), Electricity Bills pages ( ___ to ___), Gas cylinder bills pages ( ___ to ___), Rashan bills pages ( ___ to ___), Un Employment Exchange Slip pages ( ___ to ___)). That the petitionerhas suppressed the material facts and has not approached this Hon’ble Court with clean hands, hence the present application is liable to be dismissed.. 

9. That the contents of this para of the petition is wrong, hence and denied. Detailed reply has already been given the above mentioned paras. So to grant the litigation expenses does not arise at all. The petitioner is having sufficient sources of income for her livelihood.

It is therefore, respectfully prayed that the petition filed by the petitioner be dismissed with costs in the interest of justice.

125 interim written arguments

List of Documents by Respondent
No. Descripttion
1. WRITTEN ARGUMENTS
BRIEF POINTS OF THE CASE
i) both parties earlier spouses died
ii) marriage performed as per Hindu Rights and
traditions
iii) harassment her and dowry demand 2 lac
iv) salary 10000/- vs 85000/-
v) petitioner negligence and refusal by respondent
vi) demand 20,000 pm and litigation 11,000/-

3. FACTS DISPUTED BY RESPONDENTS
i) not lawfully married
ii) No saptapadi
iii) marrige not register under special marriage act
iv) No legal conversion from Christian to Hindu under
Hindu Marriage Act, 1955 S. 2(1)
v) Petitioner earlier spouse (death and marriage
certified not attached)
vi) able bodied, well qualified and doing
professional job
vii) sufficient means to maintain herself
(accomodation,rent,electricity,water,food,gas cylinder)
is already provided
viii) petitioner should clear that she is unable to
maintain herself
ix) continuously troubled in family
x) respondent unemployed
xi) respondent mental agony suffered
xii) SUPPRESSED MATERIAL FACTS
a) christian by religion
c) her professional qualification
d) her current working hospital
e) her family background
f) alimony from Late xyz
g) alimony from xyz Lal
h) already filed vague complaints in different
places.

4. PETITIONER NEED TO PROVE POINTS
i) no death certificate and marriage certificate
produced
ii) harass her and dowry demand 2 lac 
  (should be strictly proved by petitioner)
iii) need to proof respondent earning 85,000
iv) petitioner should clear that she is unable to maintain
herself
v) demand 20,000 pm and litigation fees 11,000 
  [vague and vixitious petition]

5. EVIDENCES
i) petitioner bank statement

6. PRAYER FOR U/S 340 criminal proceeding
i) oauth contradictory statement 
ii) filed misconceived, frivolous, fabricated

BRIEF POINTS OF THE CASE
1. It is alleged in the petition that petitioner earlier married husband (Ramandeep Singh) died and respondent previous wife had also expired and this is the second marriage of both parties. 
2. It is alleged in the petition that marriage was performed as per Hindu Rights and traditions and given a substantial dowry in the shape of stridhan. 3. Respondent and parental relation started to harass her and demanded Rs. 2 lac.
4. It is alleged that the petitioner is earning meagree salary Rs.
10,000. The respondent is employed in some IT company and getting 80,000 per month. Respondent is having rental income 5,000 and earning 85,000. 5. It is alleged that the respondent has neglected and refused to maintain the petitioner.
6. Respondent demanded Rs. 20,000 per month and litigation expenses Rs. 11,000.

FACTS DISPUTED BY RESPONDENT
1. It is disputed that petitioner and respondent are not lawfully
married.
a) No saptapadi was ever performed.
b) No marriage is registered under Special Marriage Act. The
petitioner is christian by religion and respondent is Hindu.
c) No legal conversion from Christian to Hindu under Hindu Marriage Act, 1955 S. 2(1)
Supportive Judgements
I) Marriage complete after saptapadi under HMA

Link : https://indiankanoon.org/doc/71628/
Sumitra Devi vs Bhikan Choudhary on 28 January, 1985
Equivalent citations: AIR 1985 SC 765, 1985 CriLJ 528, 1985 (2) Crimes 88 SC, 1985 (1)
SCALE 184, (1985) 1 SCC 637
ii) wife must be legally wedded
Supreme Court of India
Badshah vs Sou. Urmila Badshah Godse & Anr on 18 October, 2013 Author: A.K. Sikri Bench:
Ranjana Prakash Desai, A.K. Sikri
iii) marriage is not valid in the eyes of law under HMA
Supreme Court of India
Bhaurao Shankar Lokhande & Anr vs State of Maharashtra & Anr on 1 February, 1965 Author: R
Dayal Bench: Dayal, Raghubar
iv)
different religion, such marriage could be registered by invoking the provisions of the
Special Marriage Act
Link : https://indiankanoon.org/doc/151409474/Madras High Court K. Shanmugha Raja @ Raja vs Shanthakumari IN THE HIGH COURT OF
JUDICATURE AT MADRAS Reserved on : 21.08.2018 Pronounced on : 30-11-2018
v)
no maintainance for marriage null and void
Bombay High Court Bench: JUSTICE Shah Vs. Tolanbai and Another on 1 March 1979
vi) marriage is nullity, then HMA 25 not applicable
Andhra High Court Abboyolla M. Subba Reddy vs Padmamma on 27 July, 1998
Equivalent citations: 1998 (5) ALD 465, 1998 (5) ALT 152, I (2000) DMC 266 Author: A.
Hanumanthu Bench: P V Reddi, K S Shrivastav, A Hanumanthu
2. The petitioner has not attached the death certificate and
marriage certificate of her previous husband issued by the state
government. Either her husband is alive or she has not taken
divorce from her previous husband and she have to claim
maintenance from her alive husband.
3. The petitioner is able bodied, well qualified and doing job from long time in different Hospitals (Hospital name – amritsar,  Hospital – name, Athird Hospital – c8t6, fourth Hospital – city) as a professional Staff Nurse. She is residing on the 1 st floor of the respondent parents house without paying any (rent,electricity,water,food,gas cylinder) charges and enjoying all the facilities. The petitioner has no liability and leading a luxurious life. She has sufficient means to maintain herself. The petitioner should clear that she is unable to maintain herself. 
Supportive Evidences
rent,electricity,water,food,gas cylinder receipts are already attached in the main reply
Supportive Judgements
I)
Maintenance denied for working wife.
Link : https://indiankanoon.org/doc/1624093
(High Court Madras), Hbl A. S. Venkatachalamoorthy J., order on 21-06-2002,
Kumaresan Vs Aswathi. Citation No. (2002) 2 MLJ 760
ii)
No maintenance to earning wife, only to children.
Link : https://indiankanoon.org/doc/380198
(High Court Karnataka), Hbl K. Manjunath J., order on 22-08-2005, AIR 2005 Kant 417,
ILR 2005 KAR 4981, Dr. E. Shanthi Vs Dr. H K. Vasudev
iii)
No Maintenance to working wife in 125 CrPC.
Link : https://indiankanoon.org/doc/54216
(High Court Madras), Hbl P. Sathasivam J., order on 21-01-2003, Manokaran @
Ramamoorthy Vs M. Devaki. Citation Nos. AIR 2003 Mad 212; I (2003) DMC 799;
(2003) I MLJ 752 (Mad), CMP No. 16264 of 2002
iv) wife has sufficient means to maintain herself
Madhya Pradesh High Court Bench: JUSTICE V.K. Aggarwal Kuntibai Vs. Alakhram on
21 April 1998
v) Supreme Court of India
Anu Kaul vs Rajeev Kaul on 23 March, 2009 Bench : Tarun Chatterjee, H.L. Dattu NON
REPORTABLE anu kaul vs rajeev kaul
4. The petitioner is a house breaking, mobile gossipry, extremely
irresponsible, pure bone lazy and slumber lady. The petitioner has
created hell type atmosphere of respondent parents house. The
petitioner committed series of cruelties towards the respondent
and his family members without any legal justification and
continuously troubled in family by putting vague allegations
against respondent family members without any details, events,
dates and DIR in different places (city police station,181 call, 100 call, city women cell, city
Mahila comissioner). The petitioner take undue advantage of
law/courts and misuse the law to harass husband and compel him
to take extreme steps.
Supportive Evidences
petitioner vague complaint copies are already attached in the main reply
Supportive Judgements :
I)
Wife living separate troubled in family no maintenance.
Link : https://indiankanoon.org/doc/895661
(HC Madras), Hbl J. P. R. Shiva Kumar, order on 22-02-2008, Crl. R. C. No. 1491 of
2005, Marimuthu Vs Janaki. Citation No. AIR 2003 Mad 212; I (2003) DMC 799; (2003) I
MLJ 752
5. The respondent is unemployed for long time and is unable to
work due to the act and conduct of the petitioner and the mental
agony suffered by respondent. She take benefits of her own
wrongs through vexatious petitions. The respondent is unable to
fulfill the liability to take care and look after his old parents and
motherless child. The respondent depends on the mercy of his
well wishers.
Supportive Evidences
unemployment,mental agony suffered documents are already attached in the
main reply
Supportive Judgements :
I)
Unemployed man can not be forced to pay Maintenance
Link : https://indiankanoon.org/doc/157955715
Sanjay Bhardwaj & Ors. ... Versus The State & Anr. . LAND MARK SC JUDGEMENT
ON INTERIM MAINTENANCE/MAINTENANCE 125 crpc June 25, 2013 In "Family Law"
ii)
Unemployed and no material on record to show his income (application rejected)
Delhi High Court Bench: JUSTICE J.R. Midha Puneet Kaur Vs. Inerjeet Singh Sawhney
on 12 September 2011
6. The petitioner has suppressed the following material facts
from the court and is playing fraud on court as well as is playing
fraud on opponent and the respondent is not come with clean
hands, therefore petitioner is not entitled for relief of interim
maintenance or any other relief and is liable to be dismissed with
heavy cost.
I) she is christian by religion
ii) her education qualification (Diploma in GNM Nursing)
iii) her current working location (Hospital name and address)
iv) her family background
v) she took alimony from Late xyz’s family
(city name)
vi) she took alimony from xyz Lal (majaitha amritsar)
vii) she files vague complaints in different places
Supportive Evidences
already attached in the main reply
Supportive Judgements
i)
Link : https://indiankanoon.org/doc/1151521
Supreme Court of India S.P Chengalvaraya Naidu vs Jagannath on 27 October, 1993
Equivalent citations: 1994 AIR 853, 1994 SCC (1) 1
ii)
Link : https://indiankanoon.org/doc/945120Supreme Court of India G.M. Haryana Roadways vs Jai Bhagwan & Anr on 5 March,
2008
iii)
Link : https://indiankanoon.org/doc/162581025
Kolkata High Court (Appellete Side) Md. Ashiruddin & Anr vs State Of West Begal & Anr
on 25 March, 2008
iv)
No relief if litigant lies OR supress material facts and come with unclean hands
Supreme Court of India
Dalip Singh vs State of U.P. & Ors on 2 Dec 2009 Bench: G.S. Singhvi, Ashok Kumar
Ganguly

HOW PETITIONER PROVED THE ALLEGED FACTS

1. The petitioner earlier married husband (Ramandeep Singh) died .
no death certificate and marriage certificate produced
2. The petitoner had given a substantial dowry (stridhan)
should be strictly proved by petitioner
supportive judgements
I) wife failed to proof that she was harassed for dowry & expelled from her matrimonial
home. Not enttitled to stay away from husband and maintainance.
Madhya Pradesh High Court Bench: JUSTICE C.V. Sirpurkar Pooja Gaur Vs. Umit @
Pinky Patel On 26 April 2016
3. The respondent and parent relation started to harass her and demanded
dowry 2 lac
should be strictly proved by petitioner
4. Petitioner is earning 80,000 and rental income 5,000
need to be proved by petitioner
5. The respondent has neglected and refused to maintain the petitioner.
petitioner should clear that she is unable to maintain herself
Supportive Judgements
I)
Wife should clear that she is unable to maintain herself
Link : https://indiankanoon.org/doc/1461900
(HC Allahabad), Hbl J. B. Katju, order on 25-03-1976, Manmohan Singh Vs Smt.
Mahindra Kaur. Citation No. 1976 Cri LJ 1664
ii)
Wife should clear that she is unable to maintain herself
Link : https://indiankanoon.org/doc/1720873/
(Supreme Court), Bench Hbl J. Dr. Arijit Pasayat, order on 27-11- 2007, Appeal Cr. 1627
of 2007 arising on SLP No. (Crl.) 4379 of 2006, Chaturbhuj Vs Sita bai. Citation Nos.
(2008) 2 SCC 316; AIR 2008 SC 530; 2008 (I0 KLT 41 (SC).
6. The petitioner demanded Rs. 20,000 pm and litigation fees 11,000 /-.
vague and vexatious petition
Supportive Judgements
I)
Link :
PUNJAB - HARYANA HIGH COURT: Dated
based on Affidavit dismissed
PRAYER
17 February 2011 Maintenance claimThe petitioner intentionally and deliberately concealed the said facts from
this Hon’ble court and the respondent reserved high right to initiate the
criminal proceeding U/S 340 Cr.P.C. against the petitioner with the following
facts.
1) The petitioner has given the authentic contradictory statement as well
as affidavit filed by her in this petition.
Supportive judgements
I) False affidavit, perjury in HMA
Punjab and Haryana High Court CRA No. 197 SB of 2010 (O&M) Date of Decision: 25-1-2010 Sunny
Bhuma Vs Shashi CORAM: HON’BLE MR. JUSTICE HARBANS LAL
2) The petitioner has filed misconceived, frivolous, fabricated
complaints and petitions with the intention to en rope the petitioner as
well as his entire family members in the false and frivolous complaints and
litigations just to harass the respondent and his family members to extort
money from them with malafide intention.

Query:
125 Interim Order is pending in Hon'ble Court Name xyz and Distt abc

In majority most of my wellwishers said that her interim order must be rejected in worst scenario it may be 3000 to 1000

How to prepared the best one cross

points to be admitted at last

her criminal and fraud family background
she took alimony with 2 persons
  I have proof of only one party
  second party boy has died but I know boys parents address
  i conveniend them for witness but they are not interesed
proof her cruelty 
  she files lot of complaints in different places against respondent and his parents
  ignorance of child ( but judge can ask respondent that child is respondent responsibility and peitioner is not biological mother)
  she files rape complaint to DGP and now she files 125 maintainance case which is true either one is true -u make fool to judical system

my loop holes
  I admit in previous aunty petitions (civil suite Section 39) that she is my legally wife but the petition adv is not so much active. He does not apply judicial mind due to money.
  my excuse - If they gave my admissibility copy then I said "consent obtained by fraud is nullity based on HMA "

  Marriage proof (Aunty aadhar card Husband name : respondent name written)
  same for driving license 
  aunty have snap while taking matha in Devi Mandir and put sindhoor in her maang
   my excuse
      I do not have knowledge aout this and original media is not present and forenic report is not attached that these snaps are original
  reality: the mobile where pictures clicked from aunty side is not working and once image is forwarded through whatsapp image meta headers are overridden (based upon my knowledge)

  If she is not your wife then how can she come to your house 
    my excuse caring for my motherless child and get free accomodation from my side

  are u enjoy s*x for long time widow lady then u have not knowledge that she is chritian by religion when not u punished for 376
    excuse: I know that she is chrisitian by religion few months back
  why do not investigation before relation or marriage
    virgin test is not allowed in india
    indian marriage based on traditions,rituals and family interactions

please help me the questions I faced in cross and how can i figure out my question answers

Fact is - all cause of incidents are of Nagpur and she had filled 498a at Bihar her residency place. All allegations are falsely fabricated. Examination in chief - she gave all false cooked story written in FIR. Claim is - opposite party pray to put husband behind bar.

Originally posted by : Sachin
	Originally posted by : 498a victim please advice Sir she says that in-laws keep asking dowry. When crossed what was date dowry demand, she says don't know, don't remember. These incidents are of date year 2010. Now the divorce was filled.2- which date you went for movie, she replied don't know, Don't remember.3- which garden or amusement park you went with your husband. She replied don't remember. Originally posted by : Dr J C Vashista Mr. 498A Victim please advise,You did not mention facts of the case, examination-in-cheif and claim of opposite party vis-a-vis your own defence for framing questionaire for cross-examination?

Please reply with suggestions ...

Originally posted by : sachin
	crpc 125 aunty petition overview 1. both parties earlier spouses died. second marriage of both parties based on HMA 2. dowry demand 2 lakh and beated her and she admitted that she is living separately last 1 year 3. Respondent working in some IT company earn 85k 4. aunty mearge salary 10k. 5. demand 20K pm and litigtion 11k. aunty facts  her husband (religion christian) actually died(2012) and after than she took alimony around 2lac but she does not have her died husband death certificate  I have certified copy through RTI  In 2010 she is in living relationship with another Late second guy (religion jatt sikh family) and put rape complaint against him  and took alimony 5 lac (2 for herself and 3 for wrongly supported people)  I follow this second fact through RTI but there is Section 8 i) j)  at last unable to find certified copy  know late guy parent address  convenince his family to come in court for witness but no body come for harassment in court  she filed 20 plus complaints in (181,100,Mahilla Comissioner Office xyz city, Women Cell, and location,local police station)  I followed her through RTI and get Certiied copies.  Aunty family background (late father pure drinker,two brother criminal background, and get stay from court for shaam laat land in xyz city)  after 35 years of property dispute at last family vacate the land through family court  aunty already took in due court of law stay (my parental self hard earned money) from JMLC judge and session appeal is pending respondent facts  I have death certificate of my died wife and have daughter who is 8 years old   I have physco treatment from govt hospital,unemployment registation card, working affidavit with my close friend with 7k earning  I closed all my previously bank account, cell no, and report for lost of pan card and aadhar card.  I make my all social profiles to private(fb,linkedin,instagrm,and others also),remove my picture, rename my actual name to other names  bills of elctricity,water, daughter school fees,transport and others) 125 reply PRELIMINARY OBJECTIONS :- 1. That the petition filed by the petitioner is not maintainable. 2. That the petitioner has concealed the material facts from this Hon’ble Court as the petitioner is a Christian by religion and the respondent is governed under Hindu Law. Hence the petition is liable to be dismissed on this score only. The petitioner has no right to file the petition U/s 125 Crpc, in her own statement she stated prior to the marriage she was Christian at the time of alleged marriage, she stated that she has become Hindu and at the time of making the statement before the ADC she stated that she belongs to Christian family and after 6 months at the time of filing this petition she has stated that her marriage has been performed under the HinduLaw and tradition. The petitioner nowhere placed any certificate issued by the Deputy Commissioner as a marriage registrar under the Special Marriage Act. As per law the petitioner while filing the petition has to stand on her own legs. Her statement as well as this petition is totally contradictory.  3. The petitioner did not attach the death certificate and marriage certificate of her previous husband issued by the State government. Either her husband is alive or she has not taken divorce from her alive husband. 4. That the petition is liable to be rejected on the basis of the authentic contradictory statement as well as affidavit filed by her in this petition. 5. That the petitioner has suppressed the material facts and has not approached this Hon’ble Court with clean hands, hence the present application is liable to be dismissed. RELY ON MERITS :- 1. That this para of the petition is a matter of record. That the petitioner was earlier married with one xyz name Singh who has died. As after the death of her previous husband regarding the second marriage of the parties.Rest of the para is wrong and denied. She tortured her previous in laws Christian family with concocted, false, fabricated, allegations, assertions and frivolous complaints against them and she left her own minor breast feed daughter aged about 1+ years to her previous in laws Christians family. Even though during the life time of her previous husband she came into contact with one guy Late Singh (Address: H.No. #000 Village xyz 160000 city name) and she also disturbed his family and also took alimony. She lodged false complaint against the person who belongs to village abc Namely Late xyz Singh on the pretext of marriage she lodged a complaint U/s 376 IPC in city name and Police Station with the wording that xyz Singh had been raping me for long time on pretext of marriage by way of building undue pressure upon him. She took more than 10 lakhs from that xyz Singh since deceased. Rest of the para is wrong and denied. It is further mentioned here that she came to contact with the respondent in year 2015 when the respondent had gone to hospital namee Hospital address for checkup. During health check up and treatment the petitioner treated the respondent, therespondent discloses that his wife Jyoti Parmar since  deceased who died suddenly due to high BP and respiratory problem who was having 4 months baby in her womb who has also died. The respondent was having one girl child aged about 2 years namely daugter name (DOB 00.00.2012) now she is 6+ years old, in the year 2015. During the treatment of the respondent in the hospital they became friends and she disclosed that I am widow lady. During that tenure she came to contact with me. It is further mention here that one day she leveled false allegations and blackmailed me and she concealed the facts from the respondent that she is Christian by religion and the respondent belongs to Hindu family. She started living in the house of the parents of the respondent on PG and manipulated the circumstances. 2. That the contents of para No.2 of the petitioner is wrong and hence denied. It is further mentioned here that parents of the respondent never harassed and never demanded of Rs. 2 Lakhs from the petitioner. It is mentioned here that as per law marriage is required to be registered under Special Marriage Act by the Deputy Commissioner of the District as a Registrar of Marriage,if either party is Christian and other person is Hindu that is called inter case and separate religion marriage. Under Hindu marriage Act, 1955, Ss. 2,5,12,13 is not applicable when one of the parties is not Hindu. Under Hindu Marriage Act, 1955, Ss. 2,5 marriage is void if Respondent/Husband is Hindu and petitioner is Christian. There is no valid conversion from Christian Religion to Hinduism Under Hindu Marriage Act, 1955, S. 2(1). Convert or reconvert going through marriage ceremony according to Hindu rites in the presence of a large number of persons. Clearly indicates that person was converted to Hinduism before the marriage ceremony was performed. No saptapadi was ever performed during the marriage of the respondent as per the law. If one of the spouse belongs to Christian community and the other is Hindu then the wife is not entitled for maintainance U/s 125 Crpc. It is further mentioned here that the petitioner has filed the written statement before the Hon’ble Court of Additional Deputy Comissioner city name in case father nameVs respondent and others and she has been arrayed as a party by father name, further of the respondent, the petitioner has duly filed the written statement before the Hon’bleCourt of Additional Deputy Commissioner and in that petition she deposed on oauth by way of making the statement that she belongs to Christian family. On the statement made before the Deputy Commissioner in Case no. 64 under Senior Citizen Act dated. 14.9.2018 and date of decision 0.0.2019 on the other side the petitioner has filed the petition before this Hon’ble Court along with the affidavit with the wording in para no. 1 that the petitioner is the wife of respondent and marriage was performed on 22.11.2015 as per Hindu rites and traditions. It is further mentioned that the petitioner has tortured, traumatized and blackmailed the parents as well as minor daughter with malafide intention and take undue advantage of law/courts and misuse the law to harass husband and him to take extreme steps. She is residing on the first floor of the house of the parents of the respondent and she took injunction order from this Hon’ble Court in the case titled as Sarista Vs father name and others and in that suite the defendants No.1 and 2 father nameand his wife have preferred an appeal and the same is pending before the Hon’ble Court of Mr Session Judge, ADJ, city name. It is further mentioned here that she is residing on the1st floor of the House of the parents of the respondent without paying any rent, electricity charges, water charges etc. and is enjoying all the facilities. 3. That this para of the petition is wrong and denied. It is pertinent to mention here that the petitioner is created hell type atmosphere in the house of the respondent, the old age parents are in helpless state of distress, deofstitution, destitution state suffering from various physical multi old age complications. The petitioner has tortured with absured allegations and assertions in such a manner that respondent has become a patient of depression and is taking treatment from GMCH – 32 Chandigarh copy of medical treatment is attached. The petitioner has slapped the minor daughter so many times who is motherless as she afraid to go to the room of the petitioner she has been threatened so many times by her that she will kill or kidnap the daughter of the respondent by way of giving some poisonous substance. She also threatened that she has got link with the high ups and gundas that she will eliminate the old aged parents as well as minor daughter.  4. That is para is vague and the detailed reply has been mentioned in the above paras, the petitioner has noliability and is leading luxurious life as alleged and enjoying all the facilities without spending even a single penny. 5. That is para of the petition if wrong and denied. She is capable, well-bodied, educated and working as a Professional Staff Nurse in Hospital Name and address for long time. The petitioner is earning Rs. 25,000/- per month apart from the basic facilities provided by the parents (self acquired property) of the respondent under the guise of the stay obtained by her from this Hon’ble Court. She is earning more than the respondent. The respondent never earns such huge amount of money. She never bothered about education, health and well being of about the daughter of the respondent. She always told that she is rajput, but it was astonished to see the statement when she mentioned herself as Christian. She is passing in the age of sycophancy and is perverted nature lady. The respondent is a patient of acute depression and hence the attitude of the petitioner is such cruel that cruel treatment meted out with the respondent and adverse impact by her and the respondent lost his working strength as per the hostile atmosphere created by her inthe house of the respondent. Detailed reply has already been given in the above paras. The respondent is unemployed for long time and is unable to work due to the act and conduct of the petitioner and the mental agony suffered by the respondent. The respondent unble to fullfil the liability to take care and look after old parents and motherless short age child daughter. All the expenses and take care of my motherless girl child depend on the mercy of respondent old senior citizen parents. If petitioner claims her parental disputed ancestral property, she can get her own commercial share (approx 5 acre). Rest of the averments made by the petitioner is totally wrong and denied being concocted one.  6. That this para of the petition is wrong and denied. It is pertinent to mention here that inspite of earning Rs. 25,000/- per month by the petitioner that she is facing the stage of starvation. Rather she is getting interest of the alimonies obtained by her from her previous husband’s Christian family member xyz and Sikhism Family of Late xyz.  7. That this para of the petition is wrong hence denied. Detailed reply has been given in the above mentionedparas. It is mentioned here that the question of neglecting and refusal does not arise at all as she is enjoying the basic facilities in the A Class District of A Class city. The facts mentioned in the petition is false, vague and baseless as the respondent is not legally bound to maintain the petitioner. The petitioner is in the habit of making preplanned, concocted, false, fabricated, vexatious applications and complaints to extort money from him with malafide intention.  8. That the contents of this para of the petitioner is wrong and denied. The petitioner is not the legally wedded wife as per her own statement and affidavit, which have been attached with this reply, so the question of maintaining the petitioner does not arise at all. The petitioner has got sufficient source of income and she threatened the respondent that she will claim the alimony as claimed from her previous husbands, as per the knowledge of the respondent the petitioner is having Rs. 20 lakhs in the shape of cash as well as FDRs from two previous litigants (xyz Lal and Late xyz Singh and Family members). She has also threatened that she has eliminated two person and now the respondent be ready to face the same consequences. List of attached documents are (Her ADC Senior Citizen Statement pages ( ___ to ___), Senior Citizen Order Copy pages (___ to ___), 181 complaint dt 13.8.17 pages ( ___ to ___), Police Station dowry complaint dt. 7.9.17 pages ( ___ to ___), city name women cell complaint copy dt. 17.10.17 pages ( ___ to ___), 181 complaint dt. 7.8.18 pages ( ___ to ___), DGP complaint dt. 26.9.18 pages ( ___ to ___), 181 complaint dt 4.3.19 pages ( ___ to ___), 181 complaint dt. 21.8.17 pages ( ___ to ___), 181 complaint dt. 4.3.19 pages ( ___ to ___), Punjab Raj Mahilla Mandal Comission Sect 00 complaint copy dt. 10.5.19 pages (___ to ___) , Her previous in laws gurdaspur complaint copy pages ( ___ to ___), Respondent baby girl child birth certificate pages ( ___ to ___), Respondent previous marriage certificate pages ( ___ to ___), Respondent previous wife Death Certificate pages ( ___ to ___), Respondent Medical Treatment Slips pages (___ to ___), Respondent Father Medical Treatment Slips pages ( ___ to ___), Respondent baby child school fees expenses slips pages ( ___ to ___), Electricity Bills pages ( ___ to ___), Gas cylinder bills pages ( ___ to ___), Rashan bills pages ( ___ to ___), Un Employment Exchange Slip pages ( ___ to ___)). That the petitionerhas suppressed the material facts and has not approached this Hon’ble Court with clean hands, hence the present application is liable to be dismissed..  9. That the contents of this para of the petition is wrong, hence and denied. Detailed reply has already been given the above mentioned paras. So to grant the litigation expenses does not arise at all. The petitioner is having sufficient sources of income for her livelihood. It is therefore, respectfully prayed that the petition filed by the petitioner be dismissed with costs in the interest of justice. 125 interim written arguments List of Documents by Respondent No. Descriptttion 1. WRITTEN ARGUMENTS BRIEF POINTS OF THE CASE i) both parties earlier spouses died ii) marriage performed as per Hindu Rights and traditions iii) harassment her and dowry demand 2 lac iv) salary 10000/- vs 85000/- v) petitioner negligence and refusal by respondent vi) demand 20,000 pm and litigation 11,000/- 3. FACTS DISPUTED BY RESPONDENTS i) not lawfully married ii) No saptapadi iii) marrige not register under special marriage act iv) No legal conversion from Christian to Hindu under Hindu Marriage Act, 1955 S. 2(1) v) Petitioner earlier spouse (death and marriage certified not attached) vi) able bodied, well qualified and doing professional job vii) sufficient means to maintain herself (accomodation,rent,electricity,water,food,gas cylinder) is already provided viii) petitioner should clear that she is unable to maintain herself ix) continuously troubled in family x) respondent unemployed xi) respondent mental agony suffered xii) SUPPRESSED MATERIAL FACTS a) christian by religion c) her professional qualification d) her current working hospital e) her family background f) alimony from Late xyz g) alimony from xyz Lal h) already filed vague complaints in different places. 4. PETITIONER NEED TO PROVE POINTS i) no death certificate and marriage certificate produced ii) harass her and dowry demand 2 lac    (should be strictly proved by petitioner) iii) need to proof respondent earning 85,000 iv) petitioner should clear that she is unable to maintain herself v) demand 20,000 pm and litigation fees 11,000    [vague and vixitious petition] 5. EVIDENCES i) petitioner bank statement 6. PRAYER FOR U/S 340 criminal proceeding i) oauth contradictory statement  ii) filed misconceived, frivolous, fabricated BRIEF POINTS OF THE CASE 1. It is alleged in the petition that petitioner earlier married husband (Ramandeep Singh) died and respondent previous wife had also expired and this is the second marriage of both parties.  2. It is alleged in the petition that marriage was performed as per Hindu Rights and traditions and given a substantial dowry in the shape of stridhan. 3. Respondent and parental relation started to harass her and demanded Rs. 2 lac. 4. It is alleged that the petitioner is earning meagree salary Rs. 10,000. The respondent is employed in some IT company and getting 80,000 per month. Respondent is having rental income 5,000 and earning 85,000. 5. It is alleged that the respondent has neglected and refused to maintain the petitioner. 6. Respondent demanded Rs. 20,000 per month and litigation expenses Rs. 11,000. FACTS DISPUTED BY RESPONDENT 1. It is disputed that petitioner and respondent are not lawfully married. a) No saptapadi was ever performed. b) No marriage is registered under Special Marriage Act. The petitioner is christian by religion and respondent is Hindu. c) No legal conversion from Christian to Hindu under Hindu Marriage Act, 1955 S. 2(1) Supportive Judgements I) Marriage complete after saptapadi under HMA Link : https://indiankanoon.org/doc/71628/ Sumitra Devi vs Bhikan Choudhary on 28 January, 1985 Equivalent citations: AIR 1985 SC 765, 1985 CriLJ 528, 1985 (2) Crimes 88 SC, 1985 (1) SCALE 184, (1985) 1 SCC 637 ii) wife must be legally wedded Supreme Court of India Badshah vs Sou. Urmila Badshah Godse & Anr on 18 October, 2013 Author: A.K. Sikri Bench: Ranjana Prakash Desai, A.K. Sikri iii) marriage is not valid in the eyes of law under HMA Supreme Court of India Bhaurao Shankar Lokhande & Anr vs State of Maharashtra & Anr on 1 February, 1965 Author: R Dayal Bench: Dayal, Raghubar iv) different religion, such marriage could be registered by invoking the provisions of the Special Marriage Act Link : https://indiankanoon.org/doc/151409474/Madras High Court K. Shanmugha Raja @ Raja vs Shanthakumari IN THE HIGH COURT OF JUDICATURE AT MADRAS Reserved on : 21.08.2018 Pronounced on : 30-11-2018 v) no maintainance for marriage null and void Bombay High Court Bench: JUSTICE Shah Vs. Tolanbai and Another on 1 March 1979 vi) marriage is nullity, then HMA 25 not applicable Andhra High Court Abboyolla M. Subba Reddy vs Padmamma on 27 July, 1998 Equivalent citations: 1998 (5) ALD 465, 1998 (5) ALT 152, I (2000) DMC 266 Author: A. Hanumanthu Bench: P V Reddi, K S Shrivastav, A Hanumanthu 2. The petitioner has not attached the death certificate and marriage certificate of her previous husband issued by the state government. Either her husband is alive or she has not taken divorce from her previous husband and she have to claim maintenance from her alive husband. 3. The petitioner is able bodied, well qualified and doing job from long time in different Hospitals (Hospital name – amritsar,  Hospital – name, Athird Hospital – c8t6, fourth Hospital – city) as a professional Staff Nurse. She is residing on the 1 st floor of the respondent parents house without paying any (rent,electricity,water,food,gas cylinder) charges and enjoying all the facilities. The petitioner has no liability and leading a luxurious life. She has sufficient means to maintain herself. The petitioner should clear that she is unable to maintain herself.  Supportive Evidences rent,electricity,water,food,gas cylinder receipts are already attached in the main reply Supportive Judgements I) Maintenance denied for working wife. Link : https://indiankanoon.org/doc/1624093 (High Court Madras), Hbl A. S. Venkatachalamoorthy J., order on 21-06-2002, Kumaresan Vs Aswathi. Citation No. (2002) 2 MLJ 760 ii) No maintenance to earning wife, only to children. Link : https://indiankanoon.org/doc/380198 (High Court Karnataka), Hbl K. Manjunath J., order on 22-08-2005, AIR 2005 Kant 417, ILR 2005 KAR 4981, Dr. E. Shanthi Vs Dr. H K. Vasudev iii) No Maintenance to working wife in 125 CrPC. Link : https://indiankanoon.org/doc/54216 (High Court Madras), Hbl P. Sathasivam J., order on 21-01-2003, Manokaran @ Ramamoorthy Vs M. Devaki. Citation Nos. AIR 2003 Mad 212; I (2003) DMC 799; (2003) I MLJ 752 (Mad), CMP No. 16264 of 2002 iv) wife has sufficient means to maintain herself Madhya Pradesh High Court Bench: JUSTICE V.K. Aggarwal Kuntibai Vs. Alakhram on 21 April 1998 v) Supreme Court of India Anu Kaul vs Rajeev Kaul on 23 March, 2009 Bench : Tarun Chatterjee, H.L. Dattu NON REPORTABLE anu kaul vs rajeev kaul 4. The petitioner is a house breaking, mobile gossipry, extremely irresponsible, pure bone lazy and slumber lady. The petitioner has created hell type atmosphere of respondent parents house. The petitioner committed series of cruelties towards the respondent and his family members without any legal justification and continuously troubled in family by putting vague allegations against respondent family members without any details, events, dates and DIR in different places (city police station,181 call, 100 call, city women cell, city Mahila comissioner). The petitioner take undue advantage of law/courts and misuse the law to harass husband and compel him to take extreme steps. Supportive Evidences petitioner vague complaint copies are already attached in the main reply Supportive Judgements : I) Wife living separate troubled in family no maintenance. Link : https://indiankanoon.org/doc/895661 (HC Madras), Hbl J. P. R. Shiva Kumar, order on 22-02-2008, Crl. R. C. No. 1491 of 2005, Marimuthu Vs Janaki. Citation No. AIR 2003 Mad 212; I (2003) DMC 799; (2003) I MLJ 752 5. The respondent is unemployed for long time and is unable to work due to the act and conduct of the petitioner and the mental agony suffered by respondent. She take benefits of her own wrongs through vexatious petitions. The respondent is unable to fulfill the liability to take care and look after his old parents and motherless child. The respondent depends on the mercy of his well wishers. Supportive Evidences unemployment,mental agony suffered documents are already attached in the main reply Supportive Judgements : I) Unemployed man can not be forced to pay Maintenance Link : https://indiankanoon.org/doc/157955715 Sanjay Bhardwaj & Ors. ... Versus The State & Anr. . LAND MARK SC JUDGEMENT ON INTERIM MAINTENANCE/MAINTENANCE 125 crpc June 25, 2013 In "Family Law" ii) Unemployed and no material on record to show his income (application rejected) Delhi High Court Bench: JUSTICE J.R. Midha Puneet Kaur Vs. Inerjeet Singh Sawhney on 12 September 2011 6. The petitioner has suppressed the following material facts from the court and is playing fraud on court as well as is playing fraud on opponent and the respondent is not come with clean hands, therefore petitioner is not entitled for relief of interim maintenance or any other relief and is liable to be dismissed with heavy cost. I) she is christian by religion ii) her education qualification (Diploma in GNM Nursing) iii) her current working location (Hospital name and address) iv) her family background v) she took alimony from Late xyz’s family (city name) vi) she took alimony from xyz Lal (majaitha amritsar) vii) she files vague complaints in different places Supportive Evidences already attached in the main reply Supportive Judgements i) Link : https://indiankanoon.org/doc/1151521 Supreme Court of India S.P Chengalvaraya Naidu vs Jagannath on 27 October, 1993 Equivalent citations: 1994 AIR 853, 1994 SCC (1) 1 ii) Link : https://indiankanoon.org/doc/945120Supreme Court of India G.M. Haryana Roadways vs Jai Bhagwan & Anr on 5 March, 2008 iii) Link : https://indiankanoon.org/doc/162581025 Kolkata High Court (Appellete Side) Md. Ashiruddin & Anr vs State Of West Begal & Anr on 25 March, 2008 iv) No relief if litigant lies OR supress material facts and come with unclean hands Supreme Court of India Dalip Singh vs State of U.P. & Ors on 2 Dec 2009 Bench: G.S. Singhvi, Ashok Kumar Ganguly HOW PETITIONER PROVED THE ALLEGED FACTS 1. The petitioner earlier married husband (Ramandeep Singh) died . no death certificate and marriage certificate produced 2. The petitoner had given a substantial dowry (stridhan) should be strictly proved by petitioner supportive judgements I) wife failed to proof that she was harassed for dowry & expelled from her matrimonial home. Not enttitled to stay away from husband and maintainance. Madhya Pradesh High Court Bench: JUSTICE C.V. Sirpurkar Pooja Gaur Vs. Umit @ Pinky Patel On 26 April 2016 3. The respondent and parent relation started to harass her and demanded dowry 2 lac should be strictly proved by petitioner 4. Petitioner is earning 80,000 and rental income 5,000 need to be proved by petitioner 5. The respondent has neglected and refused to maintain the petitioner. petitioner should clear that she is unable to maintain herself Supportive Judgements I) Wife should clear that she is unable to maintain herself Link : https://indiankanoon.org/doc/1461900 (HC Allahabad), Hbl J. B. Katju, order on 25-03-1976, Manmohan Singh Vs Smt. Mahindra Kaur. Citation No. 1976 Cri LJ 1664 ii) Wife should clear that she is unable to maintain herself Link : https://indiankanoon.org/doc/1720873/ (Supreme Court), Bench Hbl J. Dr. Arijit Pasayat, order on 27-11- 2007, Appeal Cr. 1627 of 2007 arising on SLP No. (Crl.) 4379 of 2006, Chaturbhuj Vs Sita bai. Citation Nos. (2008) 2 SCC 316; AIR 2008 SC 530; 2008 (I0 KLT 41 (SC). 6. The petitioner demanded Rs. 20,000 pm and litigation fees 11,000 /-. vague and vexatious petition Supportive Judgements I) Link : PUNJAB - HARYANA HIGH COURT: Dated based on Affidavit dismissed PRAYER 17 February 2011 Maintenance claimThe petitioner intentionally and deliberately concealed the said facts from this Hon’ble court and the respondent reserved high right to initiate the criminal proceeding U/S 340 Cr.P.C. against the petitioner with the following facts. 1) The petitioner has given the authentic contradictory statement as well as affidavit filed by her in this petition. Supportive judgements I) False affidavit, perjury in HMA Punjab and Haryana High Court CRA No. 197 SB of 2010 (O&M) Date of Decision: 25-1-2010 Sunny Bhuma Vs Shashi CORAM: HON’BLE MR. JUSTICE HARBANS LAL 2) The petitioner has filed misconceived, frivolous, fabricated complaints and petitions with the intention to en rope the petitioner as well as his entire family members in the false and frivolous complaints and litigations just to harass the respondent and his family members to extort money from them with malafide intention. Query: 125 Interim Order is pending in Hon'ble Court Name xyz and Distt abc In majority most of my wellwishers said that her interim order must be rejected in worst scenario it may be 3000 to 1000 How to prepared the best one cross points to be admitted at last her criminal and fraud family background she took alimony with 2 persons   I have proof of only one party   second party boy has died but I know boys parents address   i conveniend them for witness but they are not interesed proof her cruelty    she files lot of complaints in different places against respondent and his parents   ignorance of child ( but judge can ask respondent that child is respondent responsibility and peitioner is not biological mother)   she files rape complaint to DGP and now she files 125 maintainance case which is true either one is true -u make fool to judical system my loop holes   I admit in previous aunty petitions (civil suite Section 39) that she is my legally wife but the petition adv is not so much active. He does not apply judicial mind due to money.   my excuse - If they gave my admissibility copy then I said "consent obtained by fraud is nullity based on HMA "   Marriage proof (Aunty aadhar card Husband name : respondent name written)   same for driving license    aunty have snap while taking matha in Devi Mandir and put sindhoor in her maang    my excuse       I do not have knowledge aout this and original media is not present and forenic report is not attached that these snaps are original   reality: the mobile where pictures clicked from aunty side is not working and once image is forwarded through whatsapp image meta headers are overridden (based upon my knowledge)   If she is not your wife then how can she come to your house      my excuse caring for my motherless child and get free accomodation from my side   are u enjoy s*x for long time widow lady then u have not knowledge that she is chritian by religion when not u punished for 376     excuse: I know that she is chrisitian by religion few months back   why do not investigation before relation or marriage     virgin test is not allowed in india     indian marriage based on traditions,rituals and family interactions please help me the questions I faced in cross and how can i figure out my question answers

2- which date you went for movie, she replied don't know, Don't remember.

ur next question ask fact which happens before u visiting movie: she suddenly jumps and answers

u can say if she memorize the old one facts and she does not know the later on facts it means that

"yeh court ko gum raah kar rahi hai"

or second one excuse 

just sit on chair and take time to memorize the fact, then come

or try to proof that she is weak memory and then ask facts in which u proof that she is physco

write user case

if answer is yes then what is ur strategy

   answer next question which is opposite of previous one answer i.e. "yes"

  If u r sure that aunty is telling lie then try to mark her try in subsequenty series

  she will tell lie continuously 1,2,3,4,....n times

  make sure all her answer will be marked

If answer is no then what is ur second strategy

 then ur second question will be the opposite of her "no"

 play same questions

 

If aunty answer is "yes" then how can u win

If aunty answer is "no" then how can u win

In both cases u must win

try to understand the judge mind 

at the end if judge convience u that u must proof

then u must already have  SC HC judgement that burden of proof lies on aunty