• Guidance for case status

Kindly go through the below synopsis and guide me the way
1) I owe the case of DV & CRPC 125. FC has ordered to pay 1/3 of my salary to my wife in DV case , So filled u/s 29 appeal in session court to challenge the order.  I am just a graduate where wife is highly professionally qualified then me who have done BA, MA, BED, MED, MBA, & LLB , i have her resume where all these above qualifications have mentioned and she has been working pre & post marriage. Will the resume be helpful to denied her Interim in session court as per the HC judgement for highly qualified women no maintenance. What are the chances and how to execute ?
2) Is Video recording, Audio recording & Photograph is admissible in court as an evidence ? If yes , then can i file these above evidence at any stage of the the case ? and how to execute ?
3) As my wife is working in a small institute, where the total employee strength is only 4 and institute owner is very to close to her the way i am close to my mother. Her owner must be paying her salary in cash of 20k , so no ITR , and no bank statement and no attendance and she is very alert during her working hours. Summoning her employer will be waste.  She would have already done setting with her employer where she has already told/requsted him to not disclose details of salary or employment even if summoned to court.   So finally, detective has given me her photograph of her office during working hour and  video recording with her in office. Will this photo and video recording be  helpful in court  to reject the interim and to file perjury ?? if yes then please tell me how to execute 

4) So,  will  Resume, photograph, video recording will be admissible  in session court to reject her interim during arguments. Please guide how to frame and move ahead.

I will keep on updating you the status after my next hearing. 

Abhinav Dhawan
Asked 6 months ago in Family Law from Faridabad, Haryana
Religion: Hindu
1) you have good chances of success . Your wife is highly qualified and working and is not entitled to maintenance 

2) have you filed the evidence of wife working in office and transcripts of audio recordings before trial court 

3) if you have not done so your wife may object to said evidence being considered 

4) during trial yiu can rely upon audio , video recordings , photographs 

5) in your appeal before sessions court rely upon her resume 
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
1. Attractive resume is no ground to deny the claim of maintenance of wife, but the qualifications of your wife can fetch her any lucrative job. So you can successfully contest her claim.

2. Recordings, video or audio, can be used as evidence in the court during the evidence.

3. If you can prove that she is employed then the mere failure to produce the salary slip cannot go against you. It may help you to bring down the liability, if not avoid it altogether. 
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
5.0 on 5.0
You have to comply with orders passed by FC

2) sessions court would insist that you pay maintenance for hearing of your appeal 

3) you can rely upon transcripts of audio conversations , photos etc in your evidence filed before FC 
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
1. The evidence can be led only before the trial court and not sessions court.
2. Recorded conversation of a third party such a detective with your wife is no ground to prosecute her under 340.
3. Unless there is a stay granted by the session court you have to honour the order of the FC,
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
5.0 on 5.0
Will the resume be helpful to denied her Interim in session court as per the HC judgement for highly qualified women no maintenance. What are the chances and how to execute ?

The resume will be a documentary proof to prove her educational qualification and the evidences of her employment may also help you support your defence but you should have brought all these during trial and not in appeal. The maintenance award in DV is interim only hence you would not have got a chance to prove them however you can fight it out in appeal.






2) Is Video recording, Audio recording & Photograph is admissible in court as an evidence ? If yes , then can i file these above evidence at any stage of the the case ? and how to execute ?

Video and audio recording evidences are not admissible in court.






So finally, detective has given me her photograph of her office during working hour and  video recording with her in office. Will this photo and video recording be  helpful in court  to reject the interim and to file perjury ?? if yes then please tell me how to execute 

You can rope in the detective agency as a witness to prove the evidences collected by him on the basis of your instructions.






  will  Resume, photograph, video recording will be admissible  in session court to reject her interim during arguments. Please guide how to frame and move ahead.

It can be proved through the detective agency who can be a witness from your side.
T Kalaiselvan
Advocate, Vellore
13948 Answers
127 Consultations
5.0 on 5.0
1) My DV case after ordering the Interim  by FC is at evidence stage but filled appeal in session court where my first hearing is in july. I have not filled any evidence yet, so can i file this evidence photos & video recording transcript in FC dv case ? or can i also file this in session court on my first hearing with her resume. 

Firstly the DV case will not he tried by family court, it shall be under a magistrate court only.  The interim order on maintenance shall be on the application for which there  can be an appeal before the sessions court however the evidences which were not produced before trial court may be produced before appellate court to prove your case/defence.




2) Does video recording where small chat conversation of my detective with wife during working is applicable to file CrPC 340 against her ? if not then when to file ?

First you get out of this mess and then based on her affidavit before court and the facts brought to the court's knowledge you can proceed with the desired 340 case.





3) Do i have to pay maintenance ordered by FC before the decision of session court ?

You may have to.
T Kalaiselvan
Advocate, Vellore
13948 Answers
127 Consultations
5.0 on 5.0
FC court committer err in granting 1/3 portion of your salary as interim maintenance. interim maintenance is granted only for meeting of minor expenses. FC court has granted which should be granted in final maintenance order. 

that order is passed at the preliminary stage so you can adduce all the relevant evidence in appeal. all the evidence you have mentioned are relevant and admissible in court. this order may be set aside. 
Shivendra Pratap Singh
Advocate, Lucknow
2731 Answers
41 Consultations
4.9 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Family Lawyers

T Kalaiselvan
Advocate, Vellore
13948 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12077 Answers
228 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5179 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3522 Answers
129 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
433 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2731 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1910 Answers
19 Consultations
5.0 on 5.0