Updated: Apr 22
Often, boys who get stamped with maintenance cases as a result of marital disputes ask for sample counter-affidavit or sample questions for cross-examination, but with our experience, we can say that there's no thumb rule or any set formula that defines success while contesting a case under section 125 CrPC.
No two cases are similar and something that applies to one case need not necessarily apply to any other case, so it's not advisable to use any sample or template to prepare your case.
For the help of members implicated in false 125 cases, listed below are few basics that one should follow to defend oneself:
As a settled proposition of law, no one can be allowed to take benefit of her own wrongs, you need to highlight her wrongs and how she is taking benefit.
No one must be allowed to incapacitate herself, focus on how she is able-bodied, earning and ability to earn.
Detail the fact that she is staying separate without any justifiable cause or reason.
Prove that she has the ability to maintain herself.
Dispute her version of the story from starting itself.
Clearly present her conduct and your conduct, with pieces of evidence, during the marriage.
All her material lies are an abuse of the process of law, and no one can be allowed to abuse the process of law.
If someone questions if you are willing to take her back, maintain that her petition doesn't ask this and you would be more than happy to answer this if this was an RCR case.
These are just a few pointers.
Always remember, there is no alternate for learning, sharing and taking our cause forward, so kindly attend the weekly meetings regularly.
In times of emergency, call our helpline number at 8882-498-498, a single helpline number for Men in distress in India.