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ghansham   10 April 2016

Deafeated wife in her rcr, she admits it in 125 case

request experts to guide me....wife had filed RCR and then 125 on me. i defeated her in her own RCR, during the 125 proceedings, she has admitted this in her oral examination. she is demanding monthly amount along with compensation in 125 case. she has also filed DV on me, but that is still pending.

i want to know. if wife admits to her defeat in her RCR case in her own 125 case, then can her 125 case be dismissed as her RCR has been dismissed by family court?

thanks



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 2 Replies

ghansham   10 April 2016

thank you captain. i want to say. since deafeat in RCR automatically means that the husband has not deserted her. and since in maintainence cases. if husband does not desert the wife. then she wont get maintainence. is that correct? 

she has admitted of her own defeat in her own RCR case...that is what i had meant

A walk alone (-)     10 April 2016

Yes, if wife deserted she is not allowed for alimony . She cant get alimony if you filed divorce case. See some SC / HC decision on indiankanoon .org

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