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Suj DG (SE)     11 December 2013

Delhi high court procedure on communication

Posting on behalf of a friend of mine. He has been fighting false charges of 498a/406 etc of which he has been exonerated sometimes back. But, his wife filed CrPC 125 also whose judgement went against him and due to long nature of the court battle, he is supposed to clear up a huge amount of maintenance arrears. He filed for quash in ASJ court wherein also he didn't get a relief. Now he has filed quash petition against the maintenance order in HC where the Hon. judge asked him to file his earnings in the format specified by HC (Puneet Kaur vs Inderjit Singh Sawhney) which he has done.

 

Question - Now, after his filing, if the hon Judge finds any issues or queries on his filing, how would he come to know? Is their a set procedure for this?


Those who are aware of such cases, kindly enlighten.



Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     11 December 2013

The findings will be let known through the order on the petition filed by your friend.  You may even ask him to obtain a certified copy of the order/order sheet, diary and find out out the reasons given thereto.

Adv. Chandrasekhar (Advocate)     12 December 2013

Parties before the courts are quite often lying about their incomes and assets.  Seeing the trends, the trial courts started to ask the parties to file these particulars in affidavit form, so that any lying will attract S.340 Cr.P.C.(perjury).  The parties are supposed to put facts in their affidavits and any deviation attracts the court's stren action.  If any querry raises out of the contents of affidavit, the counsel for the party has to clarify the position to the court.  If husband says that he is a pauper and unemployed even having very good degrees, the court will ask the party to file the salary details of the last employment and whether he was terminated from services or voluntarily resigned from the job and if it is latter, then why did he do so and how is surviving now etc.  All these questions have to be satisfactorily explained for seeking the reduced maintenance amount to the wife, who is unable to maintain herself. 


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