SidChiBharg (Software) 14 February 2013

Query for sec 127(1) file by me

Hi Friends,

I have filed a case us/ 127(1) crpc along with Crpc 91 to get the maintenance of my estranged wife cancelled in crpc 125. She filed sec 125 and due to my limited legal knowledge and pressure from the Hon'ble Judge and counsellor of the Family COurt I agreed to a settlement reached through Lok Adalat to give 4200/- p.m. to my estraged wife. Later on somehow I found that she was working in a private school. She was working when she filed cprc 125 as well. Later on she filed HMA 24. She was working in the school even them. Since sec 24 HMA is running I have filed crpc 340 in her sec 24 HMA application.

In my section 127(1) application I had requested the Hon'ble court to summon the Principal of the school with the records and the P.F Commissioner with the records of my estranged wife. I had given my statement on oath and my wife has crossed me in sec 127(1). She had asked all kind of silly questions like what is your salary, what is your PAN number, who signs your house rent receipt, who all are your dependents, isn't your duty to maintain your wife, etc. etc.... The amazing thing is that the Judge allowed all her questions and didn't stop her from asking these kind of irrelevant questions.

Query:
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1. It seems that the Judge is allowing her questions very easily and does not disapprove of the questions which are not related. While he disallows my questions. The Family Court Judge seems to be partial. He seems to be in the favor of the other party. What can be done? Can I complain against the Judge? Where do I complain against the Family Court Judge? In the High Court? Does something happen at the end? What could be the repurcussions?

2. I had given an application to summon the Principal of the School and the P.F. Commissioner with her records. The Judge had given the other party a copy of my application and have asked them to reply. What is the logic of other party replying to the application to summon the Principal of the School and the P.F. commissioner? The Other party would obviously like the summons to be dismissed and the Principal and the P.F. Commissioner should not be summoned. What reply would they give? What would the judge say when the other party says that the School Principal and the P.F. Commissioner should not be summoned? Would the Judge not summon the School Principal and P.F. Commissioner? What can be done by me? What should be my next step? Is there some rule through which I can get the summon to be served to the School Principal and P.F Commissioner soon? The other party would try to delay the case by not replying to my application and would in turn ask for dates. I want the summon to be served soon so that the truth about the girl comes out soon and the Judge sees that a girl who can lie for maintenance can also lie in her sec 13 HMA divorce case.

3. What happens next after summoning (if at all) of the school principal and p.f. commissioner. ? What is the process of sec 127(1) like to stop maintenance.? Does the maintenance finally gets stopped if its found that the girl had lied under oath and she has the capacity to earn? I have heard that my wife had left the last school and has joined another school. What would be the repurcussions in my sec 127(1) application?. She would now be claiming that she is not working anywhere and is able nari need to depend on husband for her living.

Please help me with all with your valuable suggestions.

Thanks and Regards,
Sid.

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1 Replies

SRISHAILA.DHARANI (Advocate&consultant) 14 February 2013

1. It seems that the Judge is allowing her questions very easily and does not disapprove of the questions which are not related. While he disallows my questions. The Family Court Judge seems to be partial. He seems to be in the favor of the other party. What can be done? Can I complain against the Judge? Where do I complain against the Family Court Judge? In the High Court? Does something happen at the end? What could be the repurcussions?--- YOU HAVE YO SUBTANTIATE YOU ALLEGATIONS THE HIGH COURT WHEN YOU ASK FOR TRANSFER OF YOUR CASE FROM ONE COURT TO ANOTHER CORT.THEN ONLY THE HIGH COURT WILL PASS THE ORDER TO TANSFER THE YOUR CASE OTHERWISE NOT

2. I had given an application to summon the Principal of the School and the P.F. Commissioner with her records. The Judge had given the other party a copy of my application and have asked them to reply. What is the logic of other party replying to the application to summon the Principal of the School and the P.F. commissioner? The Other party would obviously like the summons to be dismissed and the Principal and the P.F. Commissioner should not be summoned. What reply would they give? What would the judge say when the other party says that the School Principal and the P.F. Commissioner should not be summoned? Would the Judge not summon the School Principal and P.F. Commissioner? What can be done by me? What should be my next step? Is there some rule through which I can get the summon to be served to the School Principal and P.F Commissioner soon? The other party would try to delay the case by not replying to my application and would in turn ask for dates. I want the summon to be served soon so that the truth about the girl comes out soon and the Judge sees that a girl who can lie for maintenance can also lie in her sec 13 HMA divorce case.-- DEPENDS UPON THE FACTS AND CIRCUMSTANCES , GIVEN IN THE EVIDENCE, THE JUDGE WILL , ORDER FOR ISSUE OF SUMMONS.IF THE JUDGE REFUSES TO ISSUE SUMMONS ORDER, THEN YOU MAY APPEAL AGAINST THE ORDER.

3. What happens next after summoning (if at all) of the school principal and p.f. commissioner. ? What is the process of sec 127(1) like to stop maintenance.? Does the maintenance finally gets stopped if its found that the girl had lied under oath and she has the capacity to earn? I have heard that my wife had left the last school and has joined another school. What would be the repurcussions in my sec 127(1) application?. She would now be claiming that she is not working anywhere and is able nari need to depend on husband for her living. --- EITHER THE COURT WILL REDUCE THE MAINTENENCE AMOUNT DEPENDS UPON HER SALARY OR STOP THE MAINTENENCE , IS SHE IS GETTING THE SALARY SUFFICIENT TO MAINTAIN HER OTHER THINGS.YOU CAN GET THE INFORMATION ABOUT HER CURRENT POSITION FROM THE P.F. ACCOUNT DETAILS.

SRISHAILA,BANGALORE,9741425514,sdharani120@gmail.com