• Can I file petition under Section 311, 127 & 8 in my Section 125 case

Presently, I am paying Interim Maint. in Section 125 case in lower court. Now I am not working,so need to appeal Int. Maint. revision under Sec 127. My wife's cross is not clearly taken, so need to recall under Sec 311. I can't meet to my daughters, so need to appeal custody under Section 8 as She is near 7 year old. Is there is any provision to file petition in the main case i.e. Section 125 case, so that my financial burden may gone little lower, also in my weekday working time? I am not so much aware about court's proceedings, thanks to you all for co-operating about the Sections & Guidelines. Without  this co-operation, this question posting is very much impossible for me.
Asked 2 years ago in Family Law from Howrah, West Bengal
Religion: Hindu
1) make an application for modification of order of interim maintenance on account of changed circumstances . 

2) you can make an application for visitation rights . generally custody of child is given to mother . 

3) you have not mentioned your wife qualifications or whether she is working or not . if wife is working she may not get maintenance
Ajay Sethi
Advocate, Mumbai
23192 Answers
1218 Consultations
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yes you can make application ,for visitation rights file an application in family court ,as far as custody is concerned the court will see welfare of child ,if court feels that welfare of child is in father custody ,court shall give it to father
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
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for custody of child you have fie seperate suit for cusody of child. though for visitation right you can file apllication before family court
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
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usually voice recordings would generally be accepted provided you can prove their genuineness and authenticity. You may have to show that the voice recordings are not manipulated and are of the same person whose voice you claim it to be.

n the case of Ram Singh v. Col. Ram Singh, AIR 1986 SC 3, following conditions were pointed out by the Apex Court for admissibility of tape recorded conversation:
a) the voice of the speaker must be duly identified by the maker of the record or by others who recognize his voice. Where the maker has denied the voice it will require very strict proof to determine whether or not it was really the voice of the speaker.
b) The accuracy of the tape recorded statement has to be proved by the maker of the record by satisfactory evidence direct or circumstantial.
c) Every possibility of tempering with or erasure of a part of a tape recorded statement must be ruled out otherwise it may render the said statement out of context and, therefore, inadmissible.
d) The statement must be relevant according to the rules of Evidence Act.
e) The recorded cassette must be carefully sealed and kept in safe or official custody.
f) The voice of the speaker should be clearly audible and not lost or distorted by other sounds or disturbance.
Ajay Sethi
Advocate, Mumbai
23192 Answers
1218 Consultations
5.0 on 5.0
as far  as child custody is concerned generally custody is awarded to mother . as father you may get visitation rights only . welfare of child is paramount consideration
Ajay Sethi
Advocate, Mumbai
23192 Answers
1218 Consultations
5.0 on 5.0

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