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 3 years ago in Family Law from Howrah, West Bengal
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
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
Advocate, New Delhi
for custody of child you have fie seperate suit for cusody of child. though for visitation right you can file apllication before family court
Advocate, Greater Noida
Sir, please help me by the following query?
1. Is it possible to appeal for Int. maint. revision, recall for recross my wife & visitation rights for Child in same existing case of Maintenance Case under Section 125 to avoid more individual date and money?
2. Presently my father-in-laws cross is in progress after my wife's cross. I have an Audio recording where my mother-in-law are saying that they made false case as per advocate's advice to build up the case. How I can produce it in the court and how I can call her in court for evidence & cross?
3. If I will file in Session/District court for Child custody under Sec 8, then is there any provision where wife can harrased me by applying a new case in High Court counter to Sec 8 case lodged by me?
Thanks again for helping me again & again.
Asked 3 years ago
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.
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