amar 28 February 2016

Crpc 91 summoning during arguments for interim maintenance

Hello experts,

My wife has filed a maintenance case U/S 125 Crpc claiming that she is not working while a false DV case is ongoing. I got to know she is working in a Private company and earning handsomely. Can I submit an application U/s 91 to the court on or before the date of interim arguements asking for the HR head of this company to be summoned to reveal the employment and salary status of her before the court decides on interim maintenance? It is allowed legally at the interim maintenance stage?

Thanks & Regards
Amar

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5 Replies

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 29 February 2016

I don't see any reason why you can't do it . There is no such bar in law . If the judge declines then you may also prove those documents during the stage of defence evidence

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 29 February 2016

I don't see any reason why you can't do it . There is no such bar in law . If the judge declines then you may also prove those documents during the stage of defence evidence

Aashish George (lawyer) 29 February 2016

I am slightly of a different opinion, why are you opening your defence so early, do it after she has led the evidence, then counter it. You will get an opportunity to lead your evidence, play this card then. Best of luck

KIshan 29 February 2016

Do everything legally permissible before grant of interim maintenance. Once interim maintenance is granted the complainant will unduly delay the proceeding and thus putting you under avoidable financial burden

amar 02 March 2016

Thank you for you replies. Yes I totally agree with Kishan and want to ensure that interim maintenance is denied. The only question is that if it is not legally permissible, then probably it does not make sense to open up my cards at this stage. So, if an expert can give a definitive answer on the legal aspect of this, it will be very helpful.

Regards
Amar