John Reddy (Executive) 07 February 2012

Appearance for crpc 125

Can any one please clear my doubts about Crpc 125.

1. I have Crpc 125 on me, and the distance I have to travel is more than 2000kms, I already have filed RCR in my city which is in witness stage, on the first date of crpc 125 my counsel appeared and filed for vakalat and was given next date to file reply, he says there is no need for me to come till the time I have not called by the judge, as he will take care of the proceedings as I need to travel 2000kms everytime, how far this is possible, because I heard that in crpc 125 it is must for the respondent to be present.

2. She is qualified MBA and was working previously, and is from rich family, what is the best way to avoid interim maintenance.

Please reply.

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4 Replies

adv. rajeev ( rajoo ) (practicing advocate) 07 February 2012

You need to be present before the court on all the adjournment.

If wife has got sufficient income then only maintenance can be denied by the court.

Her father is rich is not the crieteria to reject the maintenance.

You have to prove that you have not willfuly neglected her to maintain.

shaheen (lawyer) 07 February 2012

You can seek exemption of appearance on grounds of long distance but with assurance you will be present any time asked or required. You can manage this during regular proceeding though your presence will be must when trial begins. Needless to say its your life and regardless of competency and trust on professional when you are present you are assured of working best to your expectations.

Regarding wife's capacity to earn and being qualified, you have to work this out by sitting with lawyer yu have good case if you can proove she has capacity to earn and deliberately avoiding to do the same.Best of luck.

dr.pawan rajyan (member and secretory) 07 February 2012

if you can prove that she is qualified enough to earn and earning in past then she cannot take maintainance.what is your qualification and earnings?is she getting maintainance in your rcr throgh sec 24? do you have childs?