Legal Question in Family Law in India
Sir,
divorce filed by husband on cruelty in which I denied in my W/S and I submitted cruelty by husband on me, upon which the points taken by the court were as under:-
I. Whether the respondent has treated the petitioner with cruelty since the solemnization of mariage?
II. Whether the petitioner in intitled to the relief claimed?
III. Relief
In my evidence I reflected cruelty upon me as well as denial of cruelty on husband. but in evidence of my father my lawyer has not reflected the points of cruelty upon me as my father was not eye witness because the events done in In-Laws house. And also the point was not taken to prove cruelty on me.
cruelty on husband not proved petition dismissed
Now I am going to file Maintenance U/s 125 CrPC
Q1-- Can I take points of cruelty on me in 125 CrPC ?
Q2--Can my father give evidence in 125 CrPC ? on the points of cruelty on me which were not reflected by my father in evidence of divorce petition, by saying " mery beti ne mujhe bataya tha"
OR
What to do ?
2 Answers from Attorneys
File 125 CrPC. There you cant take cruelty plea. File an appeal against the order of dismissal. You may drop in a detailed query at [email protected]
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JSR/27514
1. Maintenance has nothing to do with cruelty in a direct way, but you can you can add those para of cruelty in 125 as well.
2. Here the evidence can be taken of your father or others who can testify that cruelty has been committed against you and no maintenance has been paid to you either.
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