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Maintenancevictim (Own)     17 August 2015

Rcr and crpc125


I am likely to have this scenario in my cases - Husband files for RCR. Wife files CrPC 125 for self and minor son aged 8 years. Both cases will be decided on the same day. Can the Family court award RCR to husband and maintenance only to minor son?

In such a case, if husband opts for execution of RCR decree and wife refused to join, can the husband refuse to pay maintenance to the minor son and instead file habeas corpus for minor son's custody?


 2 Replies

fighting back (exec)     17 August 2015

minors maintainence is a joint responsibility of both the parties. you cannot escape that, even if you win RCR and she refuses to join you, yes, you can save on your payment of her maintainence. but remember one thing very clearly, it is utter foolishness on a husbands part to file RCR on such a woman who has gone to court to extract money from you, marriage succeeds on understandings and adjustments, not in the courtrooms, if she wins RCR and comes to stay with you, she will not think twice to file DV and 498 on you in future, as such people are well tutored by their lawyers to use such weapons in future to keep husbands in think before you act.

Maintenancevictim (Own)     18 August 2015

Hi Fighting Back

Thanks for your response.

I am willing to maintain the minor but not willing to pay maintenance. If i win RCR decree, is there a way i can get my son back even if wife is not willing ?

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