Hello Members
In My 125 CrPC case the Petitioner-Wife has made a false complaint against Ld. MM Trial court as a Transfer Petition after 5 years of the case in the CMM Court & demanding the case to be allocated to any other MM in same district court in delhi. Her Averments are as below:-
1. Ld. MM is not trustworthy and openly making remarks in the court that the Interim Maintenance will be reduced based upon evidences as per the application submitted by Respondent(Husband).
2. Ld. MM is not working properly in executing the Interim Orders & getting money as per the capicity of the Husband till the disposal of 127 application made by Husband from last 1 year..
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Case u/s 125 CrPC was registered on 8-8-08 by wife. She got the interim Maintenance Order of rs. 25000/- per month in her favor by concealing her qualifications & work Experience.
Till date the Petitioner wife have been winning all the Applications like Interim, Stay Applications etc.
But when the Learned MM has fixed the date for her Cross she just ran away to CMM court just to avoid/dellay her cross by making false allegations against Ld. MM who recently favored her in the Stay Application huisband had moved.
Case Stages are as below.
125 main Petition :- Evidence Affidavit was filed by her in May 2011
127 application :- Moved by Respondent / Husband in Oct 2011 [pleadings are complete on sept 2012]
340 application :- Moved by husband on July-12. rejoinder will be given by husband.
4 executions worth 13,75,000/- had been filed by wife on the order , she got in her favor by misleading the courts. Out of that husband had paid 7,30,000/- Also faced jail for 11 days.
============================== The Good Part is the Ld. MM got understood that the Petitioner-wife is a false lady & given early dates of Cross-witness & arguments to finsh the Main petition in 2 months. Wife knows that her Evidence Affidavit is weak as husband has all the Proofs against the false allegations she made along with her before marriage Job Details & Salary statements.
Then the Petitioner-Wife got shaken up & moved a transfer petition in CMM court. The Reply to her Application will be given by husband.
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Kindly suggests how to keep this case in the same MM court. Any citations, guidelines will be of great help.
Also is ther any method to call the Ld. MM as a witness in the CMM court as wife has made false allegations against the Ld. MM with a evil motive to delay case & extract more money by filing more 125(3) executions.
