• Maintenance case section 125

Respected Legal experts,

 Brief history,
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
I

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
Religion: Hindu

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15 Answers

1) if wife does not attend court in 125 cr pc case her case would be dismissed

2) since your application for modification of maintenance is pending wait for court orders on your application

3) if wife does not attend 498 A case to give evidence it would be dismissed

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

Hi,

You are suggested to wait up to final date given for hearing in 125 CR PC case. That day you press for heavy costs on them for intentionally delaying the matter. You also press on that for decision on 127 application.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

Respected sir ..

It is principal of natural Justice that once have to give chance atleast to put his party ...Sir in your case as per me and law you need not pay the said amount which is given in interim order ...Then Court will ask you that why are you not paying then be redy to put the record on file and show them your resignation later and all other things which is need to be show to make the maintenance less ...But in all this there is a risk that court might order You to take into coustdy ... Second option you have options available to go to High court and file a writ petition and take stay order on that interim maintenance...These are the options you have ...

Thank you

Dinesh Sharawat
Advocate, Delhi
1258 Answers
12 Consultations

4.9 on 5.0

If you have proof and have already submitted your application u/s. 127 CRPC for making alteration in allowance, then if the OP is delaying or is absent, then you can pray for exparte order.

If all your documents are stored in the locker, then you can seek help from the Court so that you get back your documents to apply for new job.

Moumita Mitra
Advocate, Kolkata
366 Answers
1 Consultation

4.0 on 5.0

1. Your burning concern is that your application u/s127 of Cr.P.C. is not being heard by the Court as your opposite party is purposely avoiding to appear on the hearing dates and trying to stretch the dates as long as possible.

2. File a Writ Petition before the High Court detailing your concern praying for a direction upon the Court below to expediting the hearing of the matter and to dispose off the application within a fixed time frame of say 6 months.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

1. if there is no stay on amount passed in interim maintenance case there is no way you can avoid it.

2 however in the execution case filed by her for its recovery you can make payments in installments.

3. Expedite the 127 case though the high court it can be disposed of fast .

4. Unemployment is though no excuse to avoid her maintenance.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

There are lakhs of cases pending in lower courts

2) HC would not expedite trial unless you make out a case for urgent disposal

3) one writ should suffice

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

Right to speedy trial is a fundamental right. If you wish you can file u/A. 32 before SC or u/A 226 before HC.

Moumita Mitra
Advocate, Kolkata
366 Answers
1 Consultation

4.0 on 5.0

1. You shall have to file the W.P. for expediting each case filed which is being delayed.

2. You can not file one W.P. for expediting all the cases filed against you or by you.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

Yes, one single writ would be sufficient for all the allegations.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

1. criminal revision lies for spoedy trial, not writ petition.

2. Two separate revision will lie for two separate cases.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

For what are you going to file a petition under section 340 cr,.p.c.

Let she depose evidence on oath and give false statements before court, after extracting the truth on the basis of the documentary evidences you may produce before her at the time of cross examining her, if she admits that she lied before court on the basis of the documentary evidence, then you may plan to file the proposed petition.

If she is continuously not attending the court for evidence then your advocate may insist upon the court to dispense with her evidence as she is not cooperating with court.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

You may have to file different petitions for different cases seeking expeditious trial for each case.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

Hi,

You are suggested to wait till next date in 125 CRPC case and then file the application for decision there itself.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

Yiu can file writ petition for expediting the case and take directions from HC that Magistrate decide your 127 application forthwith

Prashant Nayak
Advocate, Mumbai
27245 Answers
88 Consultations

4.4 on 5.0

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