Crpc125 order & conjugal rights
jaya
(Querist) 02 February 2015
This query is : Resolved
respected sirs,
wife got an exparte final order of maintenance.i have given some of the interim also.in middle of the case i have dropped due to distance of the court.but one and half year ago i got conjugal rights decree.now
1)can i stop her execution of maintenance decree by showing conjugal rights decree? or
2)do i need to file seperate execution of conjugal rights decree?here can i defend her maintenance?
thanking you sirs.
Dr J C Vashista
(Expert) 02 February 2015
@Jaya,
How you are concerned about and which of the above cases? Prima facie it is a hypothetical query.
The order for maintenance was attended by you, which subsequently did not attend, therefore court has rightly directed to pay maintenance, however, if you feel aggrieved file revision petition before appellate court.
Since RCR decree is a separate order get it executed but can not defend her maintenance in execution proceedings.
Devajyoti Barman
(Expert) 02 February 2015
Whatever you file execution case for RCR or not, the RCR decree will no way avoid paying maintenance.
In other words the passing of RCR decree is no hindrance for the execution of the arrears maintenance in default of payment of whch you may be sent behind the bars.
ajay sethi
(Expert) 02 February 2015
agree with Mr barman you have to comply with court orders and pay your wife maintenance
Rajendra K Goyal
(Expert) 02 February 2015
Agree with the expert Devajyoti Barman.
T. Kalaiselvan, Advocate
(Expert) 03 February 2015
Agreed with the opinions of the experts above. Arrears of maintenance that fell due are to be paid.
