Crpc 125 filed by wife after ex-partied rcr won by me
Ravi Verma
(Querist) 11 October 2016
This query is : Resolved
Dear experts,
Marriage Happned on 27/04/2015. Wife left:03/05/2015
Total days we stayed together :5 days
I have made attempts to bring her back and i have proofs like call recordings made to her father to come and solve the matter etc etc.
Main allegation by wife : that i tortured her ( totally made up, c wantd to go back frm day one and wz looking for fight so small fight happened and c gt the chance)
Aftr the fight c called her family members to take her back, on which we also called our relatives and we recociled the matter and her family went back aftr all drama (all this happened on 30/04/2015)
Aftr this c stayed till 3rd may 2015 on which date her brother came as agreed by both part earlier and c went o her home. I have food and shopping bills of these 5 days c stayed wid me.
Aftr that we have called her father twice to appear for reconciliation but he nvr showed up(i have call recordings) and on one occasion we went up to her place wid prior information to her and her brother but they went absconding for which we gave information in local ps and have met our samaj people in her town along with girl's chacha. I have one instance of chat in which c said c wont come bck.
After one yr i.e on May 2016 we have filed for RCR sec-9 in which they nvr appeared and the case went Ex-Parte and ordered in my favour on 16/08/2016. On 06/10/2016 i have received summons from court for CRPC 125 Case on me asking for 40,000 pm and notice contains all bollywood masala story none of which is close to reality.
How should I approach nw and wat are my chances for interim maintainance...can c b denied anything by court as i have RCR.
One more thing : RCR summons wer made on her name only bt ws received by her father, is it a valid service of summons or c can challange RCR orders based on this fact.
Do filing of contemp of RCR orders after the mentioned period in the decree will b of any use ?
Guest
(Expert) 12 October 2016
Can you place here an extract of judgment on ex-parte RCR in order to make the things clear about your case?
Ms.Usha Kapoor
(Expert) 12 October 2016
RCR information has reached her. It doesn't matter whether she received or her father received it. Secondly if she is refusing to join you for having conjugal relationship it is her wish and it doesn't amount to contempt of court. Next you or her your estranged wife will have to file divorce proceedings in a court of law of appropriate jurisdiction.If you appreciate this answer please click the thank you button on my profile.
adv.bharat @ PUNE
(Expert) 12 October 2016
Appear for the proceeding of court and give your say.
If they want to settled the issue then it is ok other wise file divorce petition on ground of rejection for RCR.
Guest
(Expert) 12 October 2016
Ex-parte RCR has no relevance or binding for your wife.
However, for appropriate guidance, you may better reproduce the copy of the decision of the court.
Ravi Verma
(Querist) 12 October 2016
How will RCR affect interim maintainance? Thnx for providing clarity experts.
Ravi Verma
(Querist) 12 October 2016
I wil post RCR copy shortly
P. Venu
(Expert) 12 October 2016
You may seek divorce if the direction in RCR is not honoured.
Rajendra K Goyal
(Expert) 12 October 2016
If she is not earning, interim maintenance may have to be paid.
RCR even if regular is toothless, court can not pressurize wife to live together.
Try to save marriage with the help of relatives and elders.
If not possible, explore scope for Mutual consent Divorce.
rajeev sharma
(Expert) 12 October 2016
As suggested by experts file petition for divorce and contest maintenance petition
Ravi Verma
(Querist) 12 October 2016
Sir Crpc 125 says no maintainance to wife if she i living separately without any sufficient reasons.
My RCR decree says ..its beleived by the court that wife is living separately without any sufficient reasons. So, isn't it sufficient clause to deny her maintainance?
Rajendra K Goyal
(Expert) 12 October 2016
You should give this while opposing the demand of maintenance with other points.
Court would proceed on merit.
Guest
(Expert) 13 October 2016
Mr. Ravi Verma,
What the section says that is right. But, the provision becomes applicable on proof beyond any doubt. So, you have to fight your case on merits of the case, not merely going by the letters of the provision of the section. Proper justification is a must to win the case.
Ravi Verma
(Querist) 13 October 2016
Dhingra sir, I do have proof against the garbage written by her in the notice sent.
Are call recordings admissible as proof. I have whatsapp messages/Facebook messages to back my statements. Besides, i can produce witness that i went to her place and they did nt showed up.
Rajendra K Goyal
(Expert) 13 October 2016
You may submit all proofs in the court during proceedings after discussion with your lawyer and arranging these in proper order.
Interim maintenance may not be discontinued at this stage.
Guest
(Expert) 13 October 2016
Dear Ravi Verma,
OK, you can avail opportunity to get appropriate order of the court by submitting that proof.
