Ex parte RCR Decree and maintenance

siranjeet (Querist) 25 February 2011 This query is : Resolved
my friend got ex parte RCR decree in oct. 2009 and applied for execution of of RCR decree in dec 2009 but her wife applied for setting aside RCR decree in march 2010 and maintenance u/s crpc 125 in dec 2010 but not obeying RCR execution by saying irrepairable loss occur to her. Will court grant maintenance as not obeying RCR as deserted without any sufficient reason as they got married in 2001 and seperated in 2007.

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Guest (Expert) 25 February 2011
It is decided on facts and circumstances of each and every case. Though there are ruling in support of RCR against maintenance, the court may act and give chance in favour of the women and may set aside the RCR decree.

Kirti Kar Tripathi (Expert) 25 February 2011
Yes, I agree with Mr. Ganesan. However, I want to add that the proceedings of RCR and Section 125 are different to each other. the order passed in one proceeding does not necessarily binding in other proceeding, also setting aside of judgment will also depend on the facts in the application. the wife can claim maintenance in RCR proceeding after setting aside of judgment and also during the pendency of setting aside application, there is no bar.

DEFENSE ADVOCATE.-firmaction@g (Expert) 26 February 2011
RCR is the best tool to avoid maintainance.Go in revision but keep up pressure.

siranjeet (Querist) 26 February 2011
RCR decree IS AWARDED ONLY WHE ANY SPOUSE DESERTS OTHER WITHOUR ANY SUFFICIENT REASON AND IN crpc 125 no maintenance if wife deserts husband without any sufficient reson
all the experts give vauge opinion no one give proper guidence to person who asks any query . there are so many judements relating RCR decree and no maintenance as our advocate shown to us. we ask query for fighting our cases better

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