Rcr decree vis a vis maintenance to wife

Querist : Anonymous (Querist) 15 August 2023 This query is : Resolved
dear sirs

I am paying interim maintenance u/s 125 cr pc to my wife and minor daughter since October'2015 at the rate rs 4000/- to wife and rs 5500/- to minor daughter per month. I have got RCR decree and order in my favour in November'2019 where the additional district and session judge ordered my wife to join matrimonial home along with daughter immediately.
She didnot come though i wrote three letters to her to come back. I have updated the judicial magistrate court about the decree and order through petition and prayed for withdrawal of maintenance u/s 125 cr pc to wife and daughter as well since she is now 23 years old. But nothing is happening. My maintenance case is at the evidence stage for last 5/6 years. My wife is simply enjoying the maintenance for both herself and daughter. i could not my daughter for last 6 years. i am now 55 years old and my income is 15000/- per month. I am feeling helpless. what should i do ?
1. should i appeal to the district judge for removal of maintenance in the light of the RCR decree and order or pray for speedy disposal of my maintenance case u/s 125 crpc
2. should i go to the High Court for redressal of this matter

Please help

Follow Query

Report Abuse

Quick Summary

A man paying interim maintenance to his wife and daughter since 2015 received a favourable RCR (Restitution of Conjugal Rights) decree in 2019, ordering his wife to return home. Despite this, she has not returned, and he is still paying maintenance. He has petitioned to withdraw the maintenance, but his case is stalled. He is seeking advice on whether to appeal to the District Judge, request a speedy disposal of his maintenance case, or approach the High Court, especially as his daughter is now 23.

T. Kalaiselvan, Advocate (Expert) 15 August 2023
The maintenance case has not been decided yet hence your petition to stop maintenance amount to her and the child may not be entertained by court.
The court has passed an order for interim maintenance alone and not the final judgment hence no appeal also can be preferred especially on the basis of the information you rely upon

Dr. J C Vashista (Expert) 16 August 2023
Your counsel is the best / only person to form proper opinion and advise since s/he is well aware about facts and circumstances of the case and an able, competent and intelligent enough, besides the fact that s/he is bound to satisfy your question(s).

Advocate Bhartesh goyal (Expert) 16 August 2023
It's your moral duty to maintain your wife and daughter eventhough you have got decree of RCR from court so continue to pay maintenance till the petition u/sec 125 Cr.P.C is not decided.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries