Siv (engineer) 30 October 2012

I won rcr, can i refuse to pay interim in crpc-125 case

Hi,

I won Restitution of Conjugal Right (RCR) in my favor and the judgement passed by the Family Court.

Already Family Court ordered Interim Maintenance in CrPC-125 case. Can I deny maintenance in CrPC-125 case now onwards ?

Can I say to the court that wife is not complying with the Judgement of Family Court (civil court) and wife is not eligible for any maintenacne. And also civil proceedings judgement is is superior to the criminal case Order.... hence RCR order must be complied by the wife...

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5 Replies

rahul (director) 30 October 2012

you are right.

anil yadav (ns) 30 October 2012

yez mr.siv you are right. if u win rcr.you deny a singal paisa your wife

Siv (engineer) 30 October 2012

But the family court said that husband went to high court in 2010 through revision and high court rejected the alter the interim order in 2010 hence in 2012 also husband prayer will not be considered.

Whereas the family court failed to appreciate that High Court decision of review of the interim order was prior to RCR judgement in 2012.

Siv (engineer) 30 October 2012

But RCR order is Ex-Party .... will be Ok or anything change just because of Ex-Party

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 30 October 2012

Even if the RCR is ex-parte and she has no challanged it, it means that she is staying away from you without any valid reason, enough for you to deny maintenance u/s 125 CrPC.

Regards,

Shonee Kapoor

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