Chinku 04 August 2015

Need urgent help on written argument for 125

Hi group members and seniors,

There will be final argumnet happen tomorrow in the trial court(family court). I have prepared the argument with help of lawyer.Detail about my case is as below.

1. I (husband) have decree of section 9(HMA)- Given by same familiy court where 125 is running.

2.wife had appeal the above decree in high court and her appeal got dismissed by high court and have given decision in my favour.

3.Wife had filled 498 and that case is pending as this point.

4. wife is not earning any money, I have been working in IT sector.

5. I had filled the execution of section 9 decree as well but she refused to join back.

Need your help on urgent basis for following things.

a)Regarding the judgement reference to be given in written argument ; Lawyer has suggested to give ruling of case "MPHT 2000(1) - 524 Madhu (Sanjeev Kumar) vs Smt. Lalita Bai" . I just now looked at the details about this case in net and found that this reference will not be in my favour. Could you please suggest about this whether I should submit this or not?

b) lawyer has also suggseted the rulling of 'AIR 2003 Debnarayan vs Anushree' case. I think this one can help me. But I dont have the copy of this judgment. COuld you please help me to provide judgement copy or any artifacts which can be presented in the court?

c) Could you please help to provide any other case refernce which might be helpful for my case as per given details.

Thanks a lot in advance. Really looking for your support.

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5 Replies

Chinku 04 August 2015

Hi All,

I would really appreciate if someone can help on above queries. Case is schdule tomorrow for arguments.

Please let me know if any further details is needed.

Thanks

Chinku 04 August 2015

Hi experts, Please help. Thanks,

(Guest)

Your lawyer is taking you in the right direction. Just pray that the judge will read what you present in the court and pray God that he bless the judge with some good judgement skills to differentiate between what is right and what is not right and give decision based in accordance with the law. All the best.

Chinku 07 August 2015

Thank you sir for your suggestion. Now case is scheduled on next month for final hearing.

(Guest)

Irrespective of whatever is going on between you and your former (?) spouse, she has right to get interim maintenance if she does not have adequate means for her sustenance for self and any children of yours who are minor living with her.Thisposition is unshakable. rest depends on specific situation of a case.Since she has filed complaint for 498A how she can live with you? Are you living in a flat on your own or in joint family with parets or brothers etc? Please note you wife anyw ay can ask for divorce without FIR. No court can force anyone to live with some one. If your wife refuses tolive with you court may decree divorce. Aftera specific period. But again maintenance is her right anyway.

Now coming back to your disputes.This is nnot legal but social advise. If your wife does not like to live with you any more, why dont u consider setting her free? if she loves you she will come back. If she does not, she was never yours.But as a civilised member of society and as ex husband is not your duty to give her maintenance till she remarries or stands on her own feet. Itna to banta he yaar.Have a large heart. By the way do youn have any issues? Then you should think all this more seriously. All the best