Legal Question in Criminal Law in India

maintenence under sec 125

Hello respected advocates,

I got married under HMA.I filed for maintenence under sec 125.My husband is contesting maintenence case.In maintenence case he has raised many allegation against me.But thrugh his lawyer he has also filed for leave application.

My query is as my husband has raised many allegation against me in 125 crpc case is his presence mandatory in evidence stage?Or his lawyer can proceed the case and his presence will not be require even in evidence stage even though he has raised many allegation against me?In such case whom my lawyer will cross examine?


Asked on 6/07/09, 10:40 am

6 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: maintenence under sec 125

His presence may be required when the case is fixed for his evidence. The allegations you are mentioning may be part of pleadings which are to be proved by way of evidence. He may be required to appear in the witness box for cross examination.

Read more
Answered on 6/08/09, 12:52 am

Re: maintenence under sec 125

He should present and will be summoned by court

Feel Free to Contact at

[email protected]

M: 09814110005

Regional office Chandigarh

We deal cases in the courts all over India.

We strive for your rights.

Good Luck.

Read more
Answered on 6/08/09, 2:54 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: maintenence under sec 125

at evidence the presence of your husband is required.

Read more
Answered on 6/09/09, 7:20 am
Shrichand Nahar S.V.Nahar, Advocate

Re: maintenence under sec 125

If your husband has instructed/authorised his lawyer to conduct the matter in his absence, then his presence is not necessary.

After you had led your evidence, your husband would decide whether to lead evidence or not and if to lead, of whom.

Read more
Answered on 6/08/09, 6:23 am
Pranav Desai PD Legal & Associates

Re: maintenence under sec 125

Well!!! the exemption can be recalled when the presence of your husband is required by the court. Therefore, no need to worry about these issues.

Read more
Answered on 6/08/09, 8:14 am
RAMAN KUMAR BHARDWAJ R.K. BHARDWAJ & ASSOCIATES

Re: maintenence under sec 125

normally the courts do not insist on the presence of parties in the case u/s 125 Cr.P.C. , however at the time of evidence their presence is required however, if the counsel gives no objection, the court dispenses with the personal appearance of the parties.

allegation /counter allegation in matrimonial cases is a normal thing however if your husband has leveled allegation about your character, i would suggest you that you must file a defamation case against your husband

Read more
Answered on 6/07/09, 11:08 am


Related Questions & Answers

More Criminal Law questions and answers in India