Maintenance under CrPC 125 Dismissed for coming to court with Unclean Hands
It gives us immense pleasure to share the Success Story of our warrior Raminder Jeet Singh, who by deft handling, using RTI and calling records to trial court from banks and employer helped him get his maintenance dismissed.
It was a routine case, where the wife ran away with all cash and jewellary and alleged things like dowry harassment, non providence of maintenance and portraying herself as “Abla Naari” instead of Able Woman for claiming maintenance from her husband.
As the woman had run away to her parental home in Jhansi and filed a case of maintenance, Raminder started fighting back armed with her previous employment of wife. As the wife was previously working Raminder stated looking for ways to find her employment status. Some legwork by professionals and it was found that she was working in a School in small nondescript town. Firstly a clever RTI filed to the school on the grounds that the school is aided one asking the details of all staff with their salaries. Same legwork found the account of that school and records were called by the School and Bank and that sealed the fate of the maintenance petition more or less, however there still was a huge gap between the incomes of the wife and husband.
In this regard the previous history of the wife, recordings and witnesses alongwith deft cross examination demolished the case in totality. The trial court in its detailed order declined any relief to the petitioner on the grounds that there was she was staying away from the husband without any valid reason, she was earning and the husband has not refused to maintain the wife.
The judgment, though in Hindi, is a treatise to read.
PostScript: Raminder has not left the unscrupulous woman at that, he had filed perjury u/s CrPC 340 against his wife, which sadly was dismissed by the Ld. Court. Unfazed, Raminder has gone to High Court u/s CrPC 341 to get justice for himself and seeking punishment for his wife who came to court with unclean hands.
It was a pleasure to work with Raminder on this case. Quite often he was there in Sahodar meetings discussing the merits of his case and we discussing strategies to counter it. It is further a pleasure that the complete trial was over in less than two years, as there was no intent on part of Raminder to delay it and hand any advantage to wife in terms of interim orders and like.
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