Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Maintenancevictim (Own)     19 November 2015

Rcr and crpc 125 - advice needed

Hi all Recap of my case: Wife left me along with minor son in Sep 2013. Tried to convince her to come back but she didnt agree. After 8 months of trying, I applied for RCR.She countered it wit CrPC125 and got the RCR transferred to her parents place. Son is 8 years old now Current status: Family court awarded RCR in my favor. Despite HC's direction to try the cases together, Family court awarded maintenance to the extent of 50% of her claim. In the RCR Orders, judge clearly absolved me of any wrong doing and also says wife's fears / reasons for desertion are not tenable. He directed wife to join my company in 2 months time In CrPC 125 orders, judge raised two issues - whether she is able to maintain herself and whether i refused and neglected to maintain her. Judge awarded maintenance only on the first point and didnt touch the second one (refusal and neglect) I have decided on the following: 1. Appeal against CrPC 125 order 2. I filed GWA in local Family court 6 months ago when i was not sure of how the RCR will turnout and when i was not allowed to visit or talk to my son. The judge put it in pending because he felt that i should file it in my wife's place since my son is staying with her.However, i claimed that he was taken away by her without informing me and hence the jurisdiction should be here. Orders are rserved for allowing the petition for the past two months and things are not moving. 2. File Execution Petition in RCR afer 2 months lapse -can i ask for Child visitation in this petition given the above situation while continuing to pursue by GWA? Or should i withdraw GWA in my local FC and apply a fresh one at her place? My objective is to do a fresh start with my wife and son. However, they still feel that they are in a strong position and are not willing to listen. IF she agrees for RCR and resumes its fine. Else i want to atleast get my son and raise him Please advise me in this regard


 1 Replies

ANIRBAN CHAKRABARTI (Principal Architect)     24 November 2015

Try for joint custody, sharing the child by 6 months

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