Applied for interim in 125crpc after ws from husband, how to defend
2 months ago
I've filed for 125 crpc and got WS from husband, stating that I am working along with screen shots on my LinkedIn profile showing my work history, my graduation degree, and credit card records.
To object these, my lawyer suggested that
-we can say that LinkedIn profile is fake as social media can't prove the authenticity of account.
-the credit card mentioned here doesn't exist as it has been closed since last year. Wife has herself shared these statements with husband as he has done all the spendings on the card, promising to pay EMIs that he failed to do later. Wife trusted his promises and allowed him to use credit card for purchasing AC (billed on his name) and expensive dinners. The card was closed because wife was unable to pay EMIs and the entire credit limit was used by husband on fake promises.
-wife has already declared that she is a graduate in her application, so the husband attaching screenshot of her degree is not a good defend. Wife used to work earlier because she was in good mental state back then but she is unable to work after getting married due constant depression and trauma of bad marriage (we have all medical records and treatments). Wife changed jobs thrice after marriage because of domestic violence and her career is no more subsisting in a good way. She can't work till she moves on from the consequences of emotional trauma and litigation.
-wife also has a history of husband's work history from LinkedIn and it shows the he was working at an MNC at a manager post, a screenshot showing his graduate ID card, transactions done by wife to husband, and chats. Wife also have screenshots of husband doing stock trading on twitter.
My question is, will I be able to get interim after defending ws with above points?
In a claim of interim maintenance u/s 125 CrPC, the Magistrate may insist upon an affidavit being filed by or on behalf of the applicant concerned stating the grounds in support of the claim for interim maintenance to satisfy himself that there is a prima facie case for making such an order. The applicant (usually the wife) will file in court a monthly budget detailing her monthly expenses. The judge will read through it and see what expenses are asked for. At the Hearing, the Judge can ask questions but these are usually reserved to a few questions. The issue of interim maintenance is decided based on pleadings, where some amount of guesswork or rough estimation takes place, to make a prima facie assessment of the amount to be awarded towards interim maintenance to the applicant. However, the Supreme Court in the case of Rajnesh vs Neha (2020) ( Criminal Appeal No.730/2020) made it quite clear that interim maintenance should be granted if the applicant qualifies for the same beginning from the date of the application.
Domestic voilence
Family issuw
crpc 125 filed by my sisters mother in law on her own son (my sisters husband)
Please suggest on the steps and process to follow
husband torture to wife
