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Maintenancevictim (Own)     05 July 2015

Rcr and crpc 125

Hi all

Please bear with my repetition of the facts of my case.

Wife left me in Dec 2013. Subsequently in July 2014 i filed RCR in my place. Wife counterblasted with CrPC 125 at her parents place in Oct 2014. She also put a Transfer petition in HC. Now, Maintenance is at Orders stage. And the RCR case is now transferred to wife's town.

On a couple of occassions we requested the FC judge to hold on to CrPC 125 judgement till RCR is closed. He refused. In the proceedings, I offered to take her back and despite judge trying to convince her, she has refused.  Now my questions are:

1. If judge decides the CrPC 125 in my wife's favor, then what are the chances the he will award RCR to me?

2. If he awards RCR to me , I know i can request for stopping maintenance. Can  i approach HC to set aside maintenance judgement since the same FC judge has issued contradictory judgements.



Learning

 4 Replies

Maintenancevictim (Own)     13 July 2015

Hi all

 

A twist in the tale. Yesterday was supposed to be judgement day in my case. While deciding the Transfer Petition for RCR in my wife's favor, HC mentioned that both cases should be tried together. Judge says he cannot give orders in MC till he decides RCR. Asked me to file my Chief affidavit and also asked me if there are any changes / additions to the facts in MC case.

I see it as a positive development since my wife hasnt given any concrete reason for leaving my company. I ferevently hope and wish the RCR comes in my favor. If maintenance also has to be decided simultaneouly by the same judge on the same day, can he pass an order in favor of my wife?

amit   13 July 2015

Did you pay any maintenance to your wife until today?

 

Please clarify.

 

Maintenancevictim (Own)     14 July 2015

1. She has upto 20 lacs in her bank account - all the amount deposited by me. She acknowledged this but says I didnt give her ATM card.

2. From the time she left, I paid nearly 40k to her on various occassions. Acknowledged by her in the court

Maintenancevictim (Own)     23 October 2015

Hi all

 

Judgement delivered last week.

1. On crPC 125, FC judge issued final order for 50% of the amount claimed by wife for self and son. Payment to be made from the date of filing the case. As mentioned earlier, i already have 20 lacs deposited in her name.So Judge ordered arrears to be adjusted against this amount and remaining amount to be returned to me

2. RCR Final order in my favor and judge has given 2 months time to wife to rejoin me

 

Am awaiting the order documents. The above judgements were declared in the court.

Seems surprising that contradictory judgements were issued by the same judge on the same day. Can i approach HC against quashing the maintenance order? Or should i file a Section 127 petition in the FC citing "judgement issued by a competent civil court" for quashing the maintenance order since the same judge has decided RCR in my favor?

Further, should i send a legal notice to my wife asking her to join back or wait for 2 months and file execution order if she doesnt join back?


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