Reg stay for crpc125 order

Thanks Prabhakar sir for response.

Two queries here:

1. Since CrPC 125 is summary in nature and hence husband has not proposed evidences like EMI statements, Audio Evidence to prove false allegations of wife etc during trial. Does Revision Court will appreciate fresh evidences which are stated here?
    
2. In case if we assume Revision Court will not appreciate to introduce fresh evidences due to any reason then based upon merits which I have stated above ,what is probability that ASJ will be setting aside CJM's Order. Any opinion?

File revision petition U/S 399 CrPC read with 397 CrPC.

Call for the record and try to satisfy the judge that

 

a)    All matrimonial facts are not considered.

b)     Reason why she is unable to maintain herself despite of being highly educated or lead conjugal life is not examined.

c)    Expenditures of husbands are not fully considered.

d)    Income of wife was not considered.

 

And pray for stay order first. Then try to take long-long dates as possible.

 

Unfortunately, appeal can’t be file at this stage. Only revision can be filed.

 

If any things goes wrong you can file further revision petition against the session court order in High Court U/S 401.

Also you should file perjury.

The object of 125 crpc is not to punish a person but to provide maintainance who is unable to maintain herself. Section 125 crpc is a measure of social justice and is especially enacted to pritect women children and parents who are unable ti msintain themself. In your case you have to prove that the pe petitioner is earning and can maintain herself or challange the order of maintainance. But as i explained the objective of section 125 crpc. You can only suceed if u can prove that she can maintain hersel.otherwise maintainance has to be paid.

Originally posted by : singhmonika
	The object of 125 crpc is not to punish a person but to provide maintainance who is unable to maintain herself. Section 125 crpc is a measure of social justice and is especially enacted to pritect women children and parents who are unable ti msintain themself. In your case you have to prove that the pe petitioner is earning and can maintain herself or challange the order of maintainance. But as i explained the objective of section 125 crpc. You can only suceed if u can prove that she can maintain hersel.otherwise maintainance has to be paid.

Exactly, if CrPC125 talks about not to punish a person then why there is a provision of imprisonment in case husband failed to provide maintenance to greedy wife due to some valid reasons?

 

Sorry to say but words like social justice and all, exist only on paper. Judges, 498a Gang and Courts – These all together works to extort money from innocent people “illegally” by defining their own laws.

Originally posted by : Rocky Smith
	Call for the record and try to satisfy the judge that

Sir, what does call for the record mean here in this conext? 

Originally posted by : Rocky Smith
	Also you should file perjury.

yes Sir, perjury is a best option in present scenario as this would be acting as medium to prove perverse nature of a Judge itself. It will be interesting to see how judge would be looking at perjury application especially when he is having unwanted soft corners toward "Abala Nari"

Experts - One more query.

I read through legal definition and basic differences between an appeal & revision. I am wondering what is best possible way forward to challenge order from CJM in present case considering mertis described above. I think in case of revision higher Court would not be looking at merits of original case which is possible in case of appeal. Please advise. Many Thanks!

Reading all the messages, my response is that the maintenance of Rs. 10000 per month is not so high, which you cannot afford.  Act as advised by your lawyer, and do not waste your time too much here 

Thanks Sir for looking into this thread. Lawyer of husband is suggesting to go for Revision to ASJ in next 90 days of timeframe. He is saying that we will pray for stay on order from CJM however there is high possibilities that husband has to pay part of maintainence granted by CJM and this will be expected action from ASJ in early days of Revision matter. The bad catch here is that even though it is assumed optimistically that final judgement of Revision will be in favor of husband then whatever money he has gievn to wife till final disposal of Revision itwill be total wastage.