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selfstudyinglawstudent (law student)     25 September 2010

husband files RCR but not follows up the case

wife wins case maintenence case after being seperated for 5 years.

 

Husband files RCR but does not attend the case proceedings.

 

Now husband wants to contest the petition for the maintenence. Shd the husband fie the review petition for maintenence in the same state as the wife won it.?


Please illuminate.

 



Learning

 3 Replies

Adv Archana Deshmukh (Practicing Advocate)     25 September 2010

The maintainance case was filed under which Act?, i.e.U/S. 125 crpc, HAMA from the type of case it has to be decided whether to go in appeal or revision.

Husband filing RCR but not attending it, shows that his RCR petition is not bonafide.

1 Like

selfstudyinglawstudent (law student)     25 September 2010

yes ma'm it is 125 CRPC

Adv Archana Deshmukh (Practicing Advocate)     25 September 2010

Then, you will have to file revision against its judgement in the sessions court under whose jurisdiction the said magistrate court comes.


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