Crpc 125 in family court

Originally posted by : satya prakash
	Dear All My next hearing is Mediation hearing in Family Court. Wanted to know if mediation fails does judge orders for maintainance or does he ask for proof's & case hearing depends on hearing & proofs judge orders maintainance? thanks

If mediatoin fails, judge will give you people time to think, and may order for another mediation as the first mediation has failed.

WRT maintenance, after mediation has failed a couple of times, the judge will fix the IA for you to pay!

Does it means once mediations fails without checking allegations & proof's submitted or without proper process Judge will order maintenance?

or it comes to court for normal process where all evidences & proofs will be considered & both side lawyers get time to cross verify the Evidences? later depend on that maintainance will be awarded?

Originally posted by : satya prakash
	Does it means once mediations fails without checking allegations & proof's submitted or without proper process Judge will order maintenance? or it comes to court for normal process where all evidences & proofs will be considered & both side lawyers get time to cross verify the Evidences? later depend on that maintainance will be awarded?

Hi..

You mean the story telling part, that'd come later, what happenend, why happened, who did what, who did not do what, all that later on.

Maintenance is awarded based on what you earn, what she earns etc. Our kanoon ka system is such that, first it take care of woman, as if she has been starving ever since the divorce petition has been filed, our country's laws, ah ho. Well, that's the way it goes my friend, they'll fix alimony, and ask you to pay promptly, and if you dont, they [judge] will also issue warrant and take you into judicial custody when the amount payable to wife crosses lacs and lacs of rupees, make you pay interest on pending balance also ! 

And what's the hurry?  On a lighter note, You're not the first person who filed for divorce, you are in QUEUE, aap Qatar mein hain, kripiya hold kijiye!

hahahaha thanks Sir for reply.

But rite now I ddnt put Divorce waiting for Divorce to come from her only as crpc 125 came in :P

I dont have anything else on me other than DV with crpc 125.

my wife is not earning & she left her house by herself with her parents doing some drama so I ddnt bother to take any news from her since 1 year, more than year happened she never approached & I also.

Suddenely crpc 125 came with DV.

as usual cases she put all wrong allegations for which I cant prove as wrong. like :

1) things we have taken care are not mentioned by them as they were knowing we have proofs or receipts

2) they put blaming me, my parents & sis saying DV only in diff diff points like all points are depends on DV only. Not sure how this can be handled.

3) They claimed I ddnt aloowed her to go out, for which i dont hav single proofs, like she done training or something

4) She claimed I use to drink & hit her :P thats also I cant prove it wrong.

5) she said I tried to kill her that also I cant prove it wrong.

6) they put we never gave baby to her. :P

All allegations are wrong for which Difficult to prove for me that its wrong. For them also its difficult to prove but as crpc 125 with DV they filled in Family court, im worried tht maintainance will be awarded just like tht.

Any Seniors can help how i can collect proofs for above allegations? thanks in advance. or point I can mention ni reply which will help me to prove myself & family members innocent.

thanks yes I have questions Sir. I have following allegations which are difficult to handle, if u can help please reply.

 1) things we have taken care are not mentioned by them as they were knowing we have proofs or receipts

Why will they mention of what good you did to her and her parents?  They wont mention, and you need not worry.  You are good and you know it, why bother about allegations?

2) they put blaming me, my parents & sis saying DV only in diff diff points like all points are depends on DV only. Not sure how this can be handled.

When the DV case comes to evidence, cross examination and examination chief, all will be clear in black and white.  Until then have patience.  Hire a good lawyer who has good argument skills.

3) They claimed I ddnt aloowed her to go out, for which i dont hav single proofs, like she done training or something

All these allegations will be futile.  All these allegations will be proved as baseless as there is no proof that you did not allow her to go out.  Simply giving one statement does not make you a criminal, all this she will agree as false in the witness box!

4) She claimed I use to drink & hit her :P thats also I cant prove it wrong.

All these cannot hold good man.  Ultimately, she cannot give all the above reasons to come back  and join you.  She is potraying you as a villain, but why does she want to come back to a villain will be the ultimate question.

5) she said I tried to kill her that also I cant prove it wrong.

This point you can raise in the family court.

6) they put we never gave baby to her. :P All allegations are wrong for which Difficult to prove for me that its wrong. For them also its difficult to prove but as crpc 125 with DV they filled in Family court, im worried tht maintainance will be awarded just like tht.

Maintenance will not be awarded if she is not willing to come back to you.  File RCR.

Post-scriptt:  All allegations have to be proved, with factual evidence.

Simply listing N number of allegations wont help in proving that you are guilty.

The allegations that have been made above are just namesake.  Don’t worry!

Thanks Bro's to all of u for replying