fighting back (exec) 13 March 2013

Accepting payment under 125 in lieu of rcr

hi members,

just want to take your advice on one of my thoughts if it is right or wrong

after wife filed RCR, i filed Divorce, and then she filed sec 125, she is staying with her parents as of now. she is well qualified but intentionally sitting at home doing nothing

i am not at all interested in living with her anymore as i have faced hell during my married life,

what i was thinking of is to accept the sec125 case and inform the judge that i am willing to pay a certain amount monthly, as the judge deems fit. and i am not interested in dragging the both the RCR and 125 cases as i am not at all interested in spending the rest of my life with her.

only request the judge to kindly take into consideration my expenses and then allot a sum to her to be paid monthly

will this stand taken by me make things easier for me in RCR and divorce case

i am willing to pay the monthly amount as decided by the judge, but at any cost i dont want to live with her

Reply Follow

3 Replies

(Guest)

Originally posted by : no pain no gain....
	hi members, just want to take your advice on one of my thoughts if it is right or wrong after wife filed RCR, i filed Divorce, and then she filed sec 125, she is staying with her parents as of now. she is well qualified but intentionally sitting at home doing nothing i am not at all interested in living with her anymore as i have faced hell during my married life, what i was thinking of is to accept the sec125 case and inform the judge that i am willing to pay a certain amount monthly, as the judge deems fit. and i am not interested in dragging the both the RCR and 125 cases as i am not at all interested in spending the rest of my life with her. only request the judge to kindly take into consideration my expenses and then allot a sum to her to be paid monthly will this stand taken by me make things easier for me in RCR and divorce case i am willing to pay the monthly amount as decided by the judge, but at any cost i dont want to live with her

Already replied man!

Advocate Ravinder (Advocate/Attorney) 14 March 2013

First of all decide whether you want to live with her or not. If you lead a happy married life, the question of maintenance does not arise. If you don’t want to live with her, you have to pay monthly maintenance under sec. 125 of Cr.p.c as well as under maintenance Act (as per Hindu Act/ Mohomadden Law/Christian law) irrespective of RCR and divorce case. Even though she is qualified, right now she is not doing any work, you have to pay maintenance. In future she starts some work and if you can prove the same before the court, that she can maintenance herself, you can be relieved from paying the maintenance