Upgrad LLM

notice served under crpc 125 from wife to me from her brothers address


Myself along with my wife was staying in mumbai, after having some serious fight with me she went to her brother's house who is working in Bharuch, Gujrat (not owned flat, used to stay with other bachelor's) and from there she had sent notice to me under CRPC 125,can she file case from any location??
Issuing notice under HMA 9 will work to call her back, or any other way to reunite??
 
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RETIRED JUDICIAL OFFICER

Right, as a preventive measure get issue a legal notice as if not recied this 125 notice and ask her to return back failing which RCR to be filed. Also take maintenability of petition on the ground of teritorrila jurisdction.

 
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after issuing notice under HMA 9 to my wife, if she still not ready to reunite, then what to do, how to proceed.
 
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can she make claims in joint property which is in joint name of myself with my mother or father, or can she claim on my ancestral property as I am single child of my parents, please suggest.


after issuing notice under HMA 9 to my wife, if she still not ready to reunite, then what to do, how to proceed.
 
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Retired employee.

Members can not foretell and assume the demands of your wife and relevant facts.  Being a husband, knowing her background you must be aware.  Members can only state that litigation is costly, risky, complicated, and spoils mental peace and for a patch up through friends/relatives.   Depending on the further response from your wife, use the services of a professional local advocate. Once your affairs are handled through advocates, you have to act as per their guidance depending on such suggestions for a final remedy.

 
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Advocate

A petition fpr RCR could be filed, and if you get order in your favour would dIsentitle her of maintainence. However, filing the RCR petition may often turn out to be counterproductive i as much as she may choose or advised to go on the offensive leading DV, 498A petitions being filed against you. However, such actions cannot be moved at Bharuch.

She has no rights in your or your mother's property.

 
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