Rcr
T SANKAR RAO
(Querist) 23 July 2014
This query is : Resolved
Sirs,
Decree on RCR has been obtained by the wife in FC. But Husband is not responding for the past 6 months. Husband makes an application in FC for setting aside the decree. Wife has no money nor a residence. How to proceed against the erring husband? Kindly guide. Thanks.
Nadeem Qureshi
(Expert) 23 July 2014
File an application for maintenance under Section 24 of Hindu Marriage Act if both the parties are Hindu.
The wife may file a maintenance case against him under section 125 of crpc.
Raj Kumar Makkad
(Expert) 23 July 2014
File Execution petition under Order 21 Rule 32 of CPC before FC and demanding maintenance under secion 24 of HMA in the petition filed by husband.
T SANKAR RAO
(Querist) 24 July 2014
Thanks to Sri Nadeem Qureshi & Sri Rajkumar Makkad.
Sirs,
FC returned petition with querry that it is not maintainable for providing residence but accepted for resubmitted peition for Maitenance under Sec.24 HMA and 125 CPC.
The delinquent husband owns a flat (from which the petitioner wife was thrown out committing desertion)and now selling it away depriving the wife to enter.
Kindly guide which petition should be filed in which Court under which section of law.
I am grateful to the learned advocates guiding me.
Devajyoti Barman
(Expert) 24 July 2014
Yes apply for alimony. Wife can file case for maintenance under PWDV Act as well.
ajay sethi
(Expert) 24 July 2014
wife should file application under DV act and seek alternative accommodation / maintenance
ROHIT SHARMA
(Expert) 24 July 2014
Dear T SANKAR RAO,
1. File a execution suit under order 21 Rule 32 of Civil Procedure Code, 1908 for execution of the R.C.R. decree seeking injunction and attachment of the respondent's property, through the same court which has awarded the decree if the respondent is within the jurisdiction of such court.
2. If need be contact this lawyer for further private legal consultation to resolve the issue of your query.
Adv. Rohit Sharma.
(B.Sc. L.L.B. L.L.M.)
(M) : 0-9824047071.
E-mail : lawgate1349@gmail.com
V R SHROFF
(Expert) 24 July 2014
jR aDVOCATES HAVE TO BE WITH sR FOR SUCH GUIDANCE..
ACCEPT THE INVITATION OF aDV ROHIT sHARMA !!!
I say " RCR is useless litigation. " cannot be executed.....
Raj Kumar Makkad
(Expert) 24 July 2014
This is very serious matter to lure the querist in the way Mr. Rohit is trying.
T. Kalaiselvan, Advocate
(Expert) 25 July 2014
I think Mr. Rohit Sharma is not having any respect to professional ethics that is why he is still continuing the solicitation of business by advertising this way.
The purpose of RCR cannot be achieved till the end despite filing any petition under any provisions of law.
Raj Kumar Makkad
(Expert) 27 July 2014
We have warned Rohit many times and have also told professional ethics but he is not mending his ways and now it is the turn of Admin to take appropriate action.
