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."