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sundarrajan (marketting)     09 September 2012

Insufficient address

My wife filed maintenance case under 125 of crlpc. She is not enclosed proof of residential in petition and the address in the petition is also insufficient. i have a returned postal cover with the remark of "insufficient address".

1. Valid residential proof is must to file a petition under 125 of crlpc?

2. Insufficient address is enough reason to reject the petition?

3. The advocate's address in petition isnot also proper.

4. I appear in court at my first hearing.

5. My wife is not appearing (She may be expected an exparte order)

6. So I have Next hearing date.

7. it is more than 1200+1200 km (20+20 hours) from my house to court (we are living in separate states of india)

8. I am from middle class family and working in a private concern in contract basis.

9. It is very very difficult to go to court for next hearing because of taking leave and money 

10. May i sent a letter to the Honorable judge with the attachment of returned postal cover (remark as insufficient address)?

11. If i write a letter to the Hononrable judge, it is contempt of court?

12. There is any provisions to write a letter to the judge under any law?



Learning

 1 Replies

B.N.Raja Mohamed (ADVOCATE)     09 September 2012

Sir,

No one is supposed to write a letter to the judge before whom the case is pending which is akin to contempt and akin to paving way for bias. Please avoid it. 

Mere insufficient adress is no ground for dismissal of the petition.

If youare aggrieved by the acts of the petitioner represent in the open court about the sarcastic behavior of the petitioner towards the court and request the court to dismiss the petition on non prosecution.

If it is difficult for you to appear before the court on every jhearing because of distanceit is better you file a petition for transfer of the case to your nearest court. If it is to be with in the same district transfer petition can be filed before the court of the Principla district judge, if between two districts of the sdame state file it befor ethe  high court, if between two states file it before the supremecourt of india.


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