Naresh Kumar (XYZ) 15 March 2015

CRPC125 & Divorce

Wife filed crpc125 & IM at her native place. I am planning to file divorce on the ground of cruelty and desertion. My question is filling divorce at this juncture will have any disadvantage in crpc125 case at her native place. 1st hearing and counseling is yet to happen and I am going to deny maintenance. My stand would be she has desserted me and I am ready to take her back. Please advice. Thank you.

Reply Follow

4 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 15 March 2015

Sir, File RCR then ..... Why are you filing divorce.... If you file RCR that will help you in 125 as well because u can take the stand that she has left you without reasonable cause and therefore not entitled to maintenance.... Regards Kapil Chandna Adv 9899011450

(Guest)

Think it over, not necessary that you file RCR, RCR filing is waste of time. You may as well file divorce now itself. There is no connection between divorce case, RCR if filed, and 125 crpc. !25 she has filed to extract money from you.

But if you have already thought about filing for divorce, then you may simply go ahead with it.

Agree with abovesaid expert too.

Naresh Kumar (XYZ) 16 March 2015

Thank You Kapil Chandna & Helping Hand

Thought over it and discussed with my lawyer as well. Finally taken a decision to file for divorce.

Naresh Kumar (XYZ) 31 March 2015

Sir

My first mediation is over. The mediator asked me whether you are willing to take her back and I accepted also mentioned that she deserted me also shown some evidence but she refused to come and join me at matrimonial home but she is ready to live with me at her native place for which mediator said that is not possible and also he said you are giving excuses.

Mediator asked us to discuss over the issue and find a solution and he has given another date for mediation.

I had discussed with my wife over the phone and she bluntly refused to live with me also she has used bad languages. I have recoded this call on my cell phone. Will this conversation can be used as evidence to avoid interim maintenance.