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?
6 Answers from Attorneys
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.
Re: maintenence under sec 125
He should present and will be summoned by court
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Re: maintenence under sec 125
at evidence the presence of your husband is required.
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.
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.
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
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