Civil Procedure Code (CPC)

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Amo (non)     10 June 2016

Crpc 128 recovery proceedings

Recovery proceedings have been initiated u/s 128 of CrPC.

How to counter the same, as i have proof that she is working, also she had voluntarily given up the right to mainteance, she is willing staying separate etc etc.... do I have to file reply to CrPC 128 along with Revision Application in same court u.s 127 and 125 (3/4/5)?



 3 Replies

Dana Kayoni (Expert Humanitarian and Lawyer)     10 June 2016

Immediately go for stay proceedings in High Court against the application she has given.  It appears that you did not reply at all to her initial 125 crpc application.  Consult lawyer locally immediately, dont take lightly, warrant will be issued and you will be taken into judicial custody for nonpayment of alimony, dont get caught.

Amo (non)     11 June 2016

Thanks Dana,

Maintenance Order us 125 CrPC was Passed in Oct 2012 which was contested by Husband.

Do a Husband have to pay all the arrears if the recovery petition is filled after 4-5 yrs of the Maintenance Order???

Case in Brief:- Wife gets the maintenance Order in Oct 2012. 

Files revcovery petition in Jan 2013 which is not served upon the Husband.

She withdraws the same in May 2013.

Both had applied for MCD but it was dismissed in default due to non presence of the wife in Dec 2014, 

 Husband files Divorce case in April 2015 which is still at counselling stage. 

Now in April 2016 she again files RECOVERY PETITION for the arrears from Oct 2012 till date.

What are option available with Husband. 

do I have to file reply to CrPC 128 along with Revision Application in same court u.s 127 or 125 (4/5)?

How to take help of CrPC 125 (5) i.e. "On proof that any wife in whose favour an order has been made under this section is living in adultery, or that without sufficient reason she refuses to live with her husband, or that they are living separately by mutual consent, the Magistrate shall cancel the order."

Eerangere Sana (Excellent Lawyer)     11 June 2016

OPtion available,

1. Bring bakc wife.

2.  Pay dues.

3.  Go underground, kathmandu or nepal.

4.  Pay all dues, still fight case based on merits.

Trial will go on, all such things can be typed and explained here, can be done shown in court hall.  If you want to avail my services, you can send pm.


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