Maintenance case section 125
Respected Legal experts,
wife filed 498A + 125 in 2015 Feb in @ 2015 Status : Evidence stage, wife avoiding court
wife filled divorce + I am respondent
wife filled Mentanance Pendallite Case in evidence stage
I filled Child custody+ Interrim Visitation Status Status wife filled WS + she opposing visitation
I filled Section 200 case for IPC 406 against wife and inlaws for forcefully keeping my joint locker locked, OP taken bail and in evidence
in 125 Interim declared Rs 18000 to wife and one minor child 5 years old girl.
In July 2017 I lost my Job in Software company because of Slowdown in IT sector.
I filled 127 application in the same court praying for reducing maintenance in July 2017 as I am surviving by only giving tutions and earning 4000 per month.My wife locked our joint locker in Public sector bank where she is first account holder and I am second holder.
I filled criminal case on wife and inlaws for keeping my documents closed in Locker in 2016, Case in evidence stage, Even when police came to raid locker 2 times, wife who gave complaint did not come to open the locker 2 times when summoned by police.Without my documents I am unable to get job in other company.
As I filled 127 to reduce maintenance, wife filled anther 127 saying lies without any proof that my salary increased from 1.8/pm lakhs to 2.5 lakhs/pm. She has no such proofs and just telling lies.
I submitted my resignation/release dated July 2017 letter from company with my 127 petition in court in July 2017.
Wife is not attending to court and delaying, one day she makes that she is ill and on next date her lawyer give application that he is ill, next date wife is ill, then next date again lawyer is ill.
Now judge gave ID date(the final date for 125 evidence) next month, if she doesnot come case will be dismissed as wife not giving evidence.
I am unable to pay Rs 18000 as I have no job , but my 127 application is pending since July 2017. there is no stay on interim maintenance. I am worried what if I am asked to pay lakhs to wife, if wife keeps my 127 application pending and she filling execution in 125 case.
Please suggest what would be my best approach.
I have already kept my 340 application ready , as soon she submits her false medical report in 125 evidence, I will file it, but she is just delaying, not even coming for 498a evidence.
Asked 4 years ago in Family Law
Can I file a Writ petition in Calcutta High court for the speedy Trial of all my cases.
Will one writ petition in High court be enough to file for speedy trial in 498+ Divorce+125+127+Child Custody+ other cases
or will I have to file separate Application for speedy trial of each case.
Asked 4 years ago