Advocate Saloni Mahawar

Questions Answered by Advocate Saloni Mahawar (25+ answers)

Q: Maintainance case done by wife

Wife files maintainance case and ask I through her outside home in one dress , in dowry FIR ask I go with my family.She done MA right BA pass, I have degree copy, she is working I have only pictures of that no documents proof. She claim 25L in marriage but this is false. She claim my salary 80k, I have 1 car 2 homes which are on rent. I have nothing my father had 1 house not on rent, I am not earn as that much, she claim 25k maintainance, she run away from my house and file false case.

Advocate Saloni Mahawar answered
In maintenance proceedings, the court determines the amount on the basis of the sworn disclosure of income, assets and liabilities of both parties, and not on mere allegations. You should therefore file a detailed affidavit placing on record your true financial position, clearly stating your actual income, bank details and assets in your own name, and specifically clarifying that the alleged rented houses are not owned by you and that you derive no rental income from your father’s property. You must also categorically deny the allegations regarding payment of ₹25 lakh in the marriage and the exaggerated claim of a monthly income of ₹80,000.In your reply, you should further state that the wife is well educated and capable of earning and is in fact working but has intentionally concealed her income from the court. On that basis, you may request the court to direct her to make full financial disclosure and to produce her employment and bank records, or to have the same summoned from the concerned employer.You should also deny the allegation that she was forcibly turned out of the matrimonial home and assert that she left on her own accord without sufficient cause and thereafter initiated false and exaggerated proceedings.Once both parties file their affidavits and supporting documents, the court will assess the actual financial capacity and needs of each side. If it is established that your real income is lower than alleged, that you have no independent rental property, and that the wife has earning capacity or independent income, the claimed maintenance of ₹25,000 per month can be suitably reduced and fixed only in accordance with the proved facts.

Q: Application u/s 482 crpc in high court lucknow bench

I have filed an application u/s 482 crpc in High court lucknow bench for challenging the dismissal of discharge application by CJM and Its revision by session court . the petition off 482 pending more than a year , only one hearing where court issued notices to state and opp. party and opp. party filed vakalatnama . niether state nor opp. 2 filed counter affidavit till date. Should I filed RTI to asked from police for the status of Counter affidavit and reason for not filling from more than 12mo

Advocate Saloni Mahawar answered
No, RTI will not help because filing of counter affidavit is the duty of the State counsel / opposite party, not the police.

Q: Application u/s 482 crpc in high court lucknow bench

I have filed an application u/s 482 crpc in High court lucknow bench for challenging the dismissal of discharge application by CJM and Its revision by session court . , only one hearing where court issued notices to state and opp. party and niether state nor opp. 2 filed counter affidavit till date. There is no direct evidence against the petition the name of pititioner come into light as per confession statement of accused. DOes High court allowed the petition and setaside the lower courtorder?

Advocate Saloni Mahawar answered
The Hon’ble High Court, while exercising inherent jurisdiction under Section 482 CrPC, can set aside the orders of CJM and Sessions Court if the dismissal of discharge is based on inadmissible material. In the present case, there is no direct evidence against the petitioner, and the name of the petitioner appears only from the confession of a co-accused.As per Sections 25, 26 & 30 of the Indian Evidence Act and judgments of the Hon’ble Supreme Court (Kashmira Singh v. State of M.P., AIR 1952 SC 159; State v. Nalini, (1999) 5 SCC 253), the confession of a co-accused is a weak type of evidence and cannot be the sole basis to proceed.Further, in State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335, the Supreme Court held that proceedings can be quashed where allegations are manifestly groundless and no prima facie offence is made out.Accordingly, if there is no other material against the petitioner, the High Court can allow the petition, set aside the impugned orders, and quash the proceedings to prevent abuse of process of law.