raja (abc) 11 December 2013

Section125

My wife has filed an application under section 125 in 2011 .she was working and and earning 50000/month but quit her job to try and become eligible for maintainence .she has filed a number of documents with her petition . however she has not got any of these documents exhibited or admitted . the judge pronounced a judgement on this matter and referred to a number of documents submitted .is this a correct practice? can documents not admitted be a part of the judicial proceedings be a part of the order

raja

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Advocate Ashok Kumar (Counsel) 13 December 2013

Hello,

The amount to be given as Maintenance by the husband under section 125 is decided upon a variety of factors. Mostly, the Court considers the income of the husband and the lifestyle that the wife was used to when she was married. Further, it may also look at the qualification and earning capacity of the wife to decide whether a hefty maintenance is required. When any party files documents, it becomes part of the Court's record and can be referred to by both the parties as well as the judge while giving the judgment. If these documents were not produced as evidence due to paucity of time or any other factor, then also they will be allowed. The best course of action will be to provide some external evidence that shows that your wife was working and earning in an appeal against the order. You will have to refer a good lawyer to see whether you have sufficient grounds for filing a successful appeal.

Regards,

Advocate Ashok Kumar; www.lawkonect.com