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498aVictim (sdfasf)     21 October 2016

Urgent help - divorced but wife is getting rcr exparte

dear lawyers, members - i have own contested divorce case 8 months back. She has given up due to my strong video evidences and i obtained divorce decree. however, from police station came to know, looks like she has filed RCR and going to get exparte in her favour next week. i checked in ecourts and found judge has mentioned a note exparte will be setup after paper advertisement. what should i do now? is it good to ignore RCR, because i am afraid of losing divorce decree. she has filed maintenance under 125 which i am planning to appear in court next month. kindly advise. thanks.



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 9 Replies


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Sachin (N.A)     22 October 2016

Dear Quriest,

You need not to do anything, let your ex waste her time in wantering around courts no RCR decree is valid after divorce let her win the case, after that she will file the case of execution, in that case you should tell the court about divorce decree and her RCR decree is not valid.

 

Since you have divorce decree, and no appeal lies against the decree , you can remarry if you wish.

1 Like

Ms.Usha Kapoor (CEO)     22 October 2016

Due to her own  wrongful conduct and bad behaviour  by reamining exparte throughout the Divorce proceedings you obtained  exparte divorce  Judgment and decreee against her. Now with what face she is filing RCR which certainly she is going to loose as because of her bad  conduct or  her own wrongful conduct  you obtained exparte  divorce decree.Regarding her petition fo interim maintnenace u/s 125 Cr.P.C also there are  a catena of cases of various Highcourts and the suprme court  which say in the following  situations  an estranged wife can't seek 125 Cr.P.C maintenance and it would be either reduced or altogether denied.Let u ssee those decisions.If you appreciate this answer please click the thank you  button onthis forum.

 

If your wife has asked for maintenance under CrPC 125, here's your chance to learn everything about how to fight and deny or reduce maintenance under CrPC 125!

Book: How to Fight and Reduce Maintenance under CrPC 125 and DV Act

About the book

Husband’s EMI towards house to be considered in CrPC 125 Maintenance to wife – SC Judgment

21 Jul 2016 by Leave a Comment

This is somewhat old judgment of Supreme Court, and it brings an important consideration which was overlooked by lower courts: Which was neglecting to consider monthly EMI paid by husband towards housing loan. The order reduced maintenance amount from Rs 10,000 to Rs 5,000 p.m.  While this may cause cheers to readers, it should be noted that the in-hand salary of husband is Rs 9,000 p.m, so effectively he has to now survive on Rs 4,000 p.m.  Somehow the facts of the case don’t add up for me.  There must be more to it than the numbers mentioned in the   …[Continue Reading]

Filed Under: Maintenance CrPC 125 Judgments Tagged With:

MP HC denies maintenance to wife on her CrPC 125 appeal

28 Jul 2015 by 20 Comments

Thanks to a reader, we have this very recent judgment of Madhya Pradesh High Court which denied maintenance to wife under CrPC 125 on her appeal to HC since the court agreed with trial court’s observations that according to evidence led by husband and also wife’s own admissions, it was the wife who was not staying with him out of her own freewill. The judgment is actually not very significant, since both evidence by way of letters of husband and wife’s own admissions proved that there was no maltreatment, and in practical cases such evidence, and wife’s own admissions are   …[Continue Reading]

Filed Under: Maintenance CrPC 125 Judgments Tagged With:

Qualified wife can’t sit idle and claim maintenance: Mumbai family court

26 Feb 2015 by 13 Comments

As per a recent Mumbai family court judgment, qualified wife has been denied maintenance.  While the news says about her being qualified and sitting idle, my suspicion is that the ex-husband had provided some proofs of her work.  Otherwise, it’s usually very difficult to get a zero maintenance order simply based on wife’s educational qualifications.  Since the case was followed after divorce, it must have been a CrPC 125 case because only that section allows cases to be filed even after divorce if the wife says that she cannot maintain herself.  The full judgment text has been found, and it   …[Continue Reading]

Filed Under: Maintenance CrPC 125 Judgments Tagged With:

Woman can’t evict husband just because she pays EMI: Mumbai Family Court

22 Feb 2015 by Leave a Comment

Woman can’t evict hubby just because she pays EMI: Mumbai Family Court MUMBAI: A family court on Monday rejected a wife’s interim plea seeking her estranged husband’s removal from their Lokhandwala flat where she stays with him and their child, just because she pays the EMI (equated monthly installment to repay home loan). The court, while ruling in favour of the man who pays Rs 90,000 a month for household expenses, said in the current day, it is difficult to ascertain who has contributed how much while purchasing any asset or discharging any liability. “If both contribute to the household,   …[Continue Reading]

Filed Under: Maintenance CrPC 125 Judgments Tagged With:

Delhi HC judgment in CrPC 125 maintenance, rejects one-third rule, both have income

5 Feb 2015 by 2 Comments

The judgment asserts that there is no strict criterion that one-third of husband’s income has necessarily to be awarded as maintenance to wife. The judgment can be useful to know how judges may ascertain income of both parties based on declarations in affidavit, and some estimation of real income (because people just lie about income). Full judgment text below: Lalit Bhola vs Nidhi Bhola & Anr. on 12 February, 2013 Author: G.P. Mittal * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 30st January, 2013 Pronounced on: 12th February, 2013 + Crl.M.C.75/2012 LALIT BHOLA ….. Petitioner Through:   …[Continue Reading]

Filed Under: Maintenance CrPC 125 Judgments Tagged With:

Multiple maintenance under DV Act denied when CrPC 125 already decided

12 Oct 2014 by 3 Comments

It is a short and sweet (depending on the ears) judgment which denies fresh application for maintenance under PWDVA (DV Act) when a previous maintenance under CrPC 125 is already decided.  Another crisp and clear judgment by justice S N Dhingra. Important part of judgment below: If a woman living separate from her husband had already filed a suit claiming maintenance and after  adjudication  maintenance  has  been  determined  by  a competent  court  either  in  Civil  Suit  or  by  Court  of  MM  in  an application under Section 125 Cr.P.C. she does not have a right to claim additional maintenance under the   …[Continue Reading]

Filed Under: Maintenance CrPC 125 Judgments Tagged With: ,

Mumbai HC disallows multiple maintenance under CrPC 125 when civil suit pending

12 Oct 2014 by Leave a Comment

In this case, wife initiated a fresh maintenance petition under CrPC 125 when a civil suit asking for maintenance was already pending, but it was stayed by Mumbai High court. Important parts of judgment below: 7. Mr. Vidwans, the learned counsel for the applicant submitted that practically pleadings are identical and verbatim in both the cases. He took me through the pleadings of both cases and demonstrated that practically the paras are identical as much as they are in verbatim. Following paras of the application u/S. 125 of Cr.P.C. are identical to the paras of the plaintiff in Reg. Civil   …[Continue Reading]

Filed Under: Maintenance CrPC 125 Judgments Tagged With:

Do physical labour to give maintenance to wife: SC judgment under CrPC 125

21 Jul 2014 by 2 Comments

There was a bit of cheer in the husbands’ camp lately with SC judgment saying that arrest in IPC section 498a (and offences with less than 7 years punishment) should strictly be done following CrPC 41 and 41A guidelines.  Well, as usually happens, such relief news is usually quickly followed by another judgment by higher courts which contain stern warnings and admonitions; lest the husbands become too happy and delirious and forget their role as protectors and providers to women and children! https://timesofindia.indiatimes.com/india/Delay-in-maintenance-to-wife-violates-human-rights-SC/articleshow/38513545.cms “It is the sacrosanct duty to render financial support even if the husband is required to earn   …[Continue Reading]

Filed Under: Maintenance CrPC 125 Judgments Tagged With:

Qualified MBBS wife asked to do some work: Delhi HC Judgment

18 Nov 2013 by 5 Comments

This older Delhi High court judgment by Justice S N Dhingra is an important one which puts equality between men and women before the law on a sound footing.  It seems from the wording that the case involves asking for maintenance under one more section (probably HMA 24) while also getting it under CrPC 125. The judgment orders that she not sit idle on her MBBS qualification and do some honorary work while she is getting maintenance from husband. Full judgment below with important points in bold: IN THE HIGH COURT OF DELHI AT NEW DELHI CM(M) 1153/2008 KAVITA PRASAD   …[Continue Reading]

1 Like

Ms.Usha Kapoor (CEO)     22 October 2016

Due to her own  wrongful conduct and bad behaviour  by reamining exparte throughout the Divorce proceedings you obtained  exparte divorce  Judgment and decreee against her. Now with what face she is filing RCR which certainly she is going to loose as because of her bad  conduct or  her own wrongful conduct  you obtained exparte  divorce decree.Regarding her petition fo interim maintnenace u/s 125 Cr.P.C also there are  a catena of cases of various Highcourts and the suprme court  which say in the following  situations  an estranged wife can't seek 125 Cr.P.C maintenance and it would be either reduced or altogether denied.Let u ssee those decisions.If you appreciate this answer please click the thank you  button onthis forum.

 

If your wife has asked for maintenance under CrPC 125, here's your chance to learn everything about how to fight and deny or reduce maintenance under CrPC 125!

Book: How to Fight and Reduce Maintenance under CrPC 125 and DV Act

About the book

Husband’s EMI towards house to be considered in CrPC 125 Maintenance to wife – SC Judgment

21 Jul 2016 by Leave a Comment

This is somewhat old judgment of Supreme Court, and it brings an important consideration which was overlooked by lower courts: Which was neglecting to consider monthly EMI paid by husband towards housing loan. The order reduced maintenance amount from Rs 10,000 to Rs 5,000 p.m.  While this may cause cheers to readers, it should be noted that the in-hand salary of husband is Rs 9,000 p.m, so effectively he has to now survive on Rs 4,000 p.m.  Somehow the facts of the case don’t add up for me.  There must be more to it than the numbers mentioned in the   …[Continue Reading]

Filed Under: Maintenance CrPC 125 Judgments Tagged With:

MP HC denies maintenance to wife on her CrPC 125 appeal

28 Jul 2015 by 20 Comments

Thanks to a reader, we have this very recent judgment of Madhya Pradesh High Court which denied maintenance to wife under CrPC 125 on her appeal to HC since the court agreed with trial court’s observations that according to evidence led by husband and also wife’s own admissions, it was the wife who was not staying with him out of her own freewill. The judgment is actually not very significant, since both evidence by way of letters of husband and wife’s own admissions proved that there was no maltreatment, and in practical cases such evidence, and wife’s own admissions are   …[Continue Reading]

Filed Under: Maintenance CrPC 125 Judgments Tagged With:

Qualified wife can’t sit idle and claim maintenance: Mumbai family court

26 Feb 2015 by 13 Comments

As per a recent Mumbai family court judgment, qualified wife has been denied maintenance.  While the news says about her being qualified and sitting idle, my suspicion is that the ex-husband had provided some proofs of her work.  Otherwise, it’s usually very difficult to get a zero maintenance order simply based on wife’s educational qualifications.  Since the case was followed after divorce, it must have been a CrPC 125 case because only that section allows cases to be filed even after divorce if the wife says that she cannot maintain herself.  The full judgment text has been found, and it   …[Continue Reading]

Filed Under: Maintenance CrPC 125 Judgments Tagged With:

Woman can’t evict husband just because she pays EMI: Mumbai Family Court

22 Feb 2015 by Leave a Comment

Woman can’t evict hubby just because she pays EMI: Mumbai Family Court MUMBAI: A family court on Monday rejected a wife’s interim plea seeking her estranged husband’s removal from their Lokhandwala flat where she stays with him and their child, just because she pays the EMI (equated monthly installment to repay home loan). The court, while ruling in favour of the man who pays Rs 90,000 a month for household expenses, said in the current day, it is difficult to ascertain who has contributed how much while purchasing any asset or discharging any liability. “If both contribute to the household,   …[Continue Reading]

Filed Under: Maintenance CrPC 125 Judgments Tagged With:

Delhi HC judgment in CrPC 125 maintenance, rejects one-third rule, both have income

5 Feb 2015 by 2 Comments

The judgment asserts that there is no strict criterion that one-third of husband’s income has necessarily to be awarded as maintenance to wife. The judgment can be useful to know how judges may ascertain income of both parties based on declarations in affidavit, and some estimation of real income (because people just lie about income). Full judgment text below: Lalit Bhola vs Nidhi Bhola & Anr. on 12 February, 2013 Author: G.P. Mittal * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 30st January, 2013 Pronounced on: 12th February, 2013 + Crl.M.C.75/2012 LALIT BHOLA ….. Petitioner Through:   …[Continue Reading]

Filed Under: Maintenance CrPC 125 Judgments Tagged With:

Multiple maintenance under DV Act denied when CrPC 125 already decided

12 Oct 2014 by 3 Comments

It is a short and sweet (depending on the ears) judgment which denies fresh application for maintenance under PWDVA (DV Act) when a previous maintenance under CrPC 125 is already decided.  Another crisp and clear judgment by justice S N Dhingra. Important part of judgment below: If a woman living separate from her husband had already filed a suit claiming maintenance and after  adjudication  maintenance  has  been  determined  by  a competent  court  either  in  Civil  Suit  or  by  Court  of  MM  in  an application under Section 125 Cr.P.C. she does not have a right to claim additional maintenance under the   …[Continue Reading]

Filed Under: Maintenance CrPC 125 Judgments Tagged With: ,

Mumbai HC disallows multiple maintenance under CrPC 125 when civil suit pending

12 Oct 2014 by Leave a Comment

In this case, wife initiated a fresh maintenance petition under CrPC 125 when a civil suit asking for maintenance was already pending, but it was stayed by Mumbai High court. Important parts of judgment below: 7. Mr. Vidwans, the learned counsel for the applicant submitted that practically pleadings are identical and verbatim in both the cases. He took me through the pleadings of both cases and demonstrated that practically the paras are identical as much as they are in verbatim. Following paras of the application u/S. 125 of Cr.P.C. are identical to the paras of the plaintiff in Reg. Civil   …[Continue Reading]

Filed Under: Maintenance CrPC 125 Judgments Tagged With:

Do physical labour to give maintenance to wife: SC judgment under CrPC 125

21 Jul 2014 by 2 Comments

There was a bit of cheer in the husbands’ camp lately with SC judgment saying that arrest in IPC section 498a (and offences with less than 7 years punishment) should strictly be done following CrPC 41 and 41A guidelines.  Well, as usually happens, such relief news is usually quickly followed by another judgment by higher courts which contain stern warnings and admonitions; lest the husbands become too happy and delirious and forget their role as protectors and providers to women and children! https://timesofindia.indiatimes.com/india/Delay-in-maintenance-to-wife-violates-human-rights-SC/articleshow/38513545.cms “It is the sacrosanct duty to render financial support even if the husband is required to earn   …[Continue Reading]

Filed Under: Maintenance CrPC 125 Judgments Tagged With:

Qualified MBBS wife asked to do some work: Delhi HC Judgment

18 Nov 2013 by 5 Comments

This older Delhi High court judgment by Justice S N Dhingra is an important one which puts equality between men and women before the law on a sound footing.  It seems from the wording that the case involves asking for maintenance under one more section (probably HMA 24) while also getting it under CrPC 125. The judgment orders that she not sit idle on her MBBS qualification and do some honorary work while she is getting maintenance from husband. Full judgment below with important points in bold: IN THE HIGH COURT OF DELHI AT NEW DELHI CM(M) 1153/2008 KAVITA PRASAD   …[Continue Reading]

1 Like

498aVictim (sdfasf)     22 October 2016

thanks everyone for your valuable suggestions.

@Ramesh - decree was obtained under cruelty 13(i)(a) and judgement details outlines the incidents provided by me whereever i have provided clear evidence. she filed RCR under section 9.

sai narayana   24 October 2016

You won the contested divorce, so only higher courts can repeal it. So nothing to worry about her RCR, just submit your divorce decree in the RCR court on your first appearance.

NANDKUMAR B SAWANT (ADVOCATE./LAWYER)     06 November 2016


SIR,

KINDLY NOTE THAT.

1. AS YOU ALREADY HAVE GOT DIVORCE JUDGEMENT AND DECREE , YOU MAY FILE A CERTIFIED COPY OF SAME IN THE COURT WHERE RESTITUTION OF CONJUGAL RIGHTS APPLICATION OF WIFE IS PENDING.COURT WILL PASS JUST AND PROPER ORDER.

GOOD LUCK.

Nitish Banka (lawyer)     25 March 2017

Some important judgement on Maintenance U/S 125 CrPC

 

29

Where the wife claims maintenance under Section 125, she must positively aver in her petition that she is unable to maintain herself in addition to the facts that her husband has sufficient means to maintain her and that he has neglected to maintain her.”

Contact lawyer Nitish Banka -> call@ 9891549997  –>Free consultation on phone<—-

Haunsabai vs Balkrishna Krishna Badigar on 13/2/1980 

MAINTENANCE TO HUSBAND BY WIFE

How Maintenance to wife is assessed in S.24 HMA

125 CrPc-How to alter the maintainance

Interim Maintenance-How courts calculate

Interim Maintenance Reduced Judgments

All About Maintenance and Interim Maintainence

LAND MARK SC JUDGEMENT ON INTERIM MAINTENANCE/MAINTENANCE 125 crpc

 

 

 

Maintenance u/s125Crpc stopped to wife if she gets job

Vikas Jain . . Revisionist Versus Smt. Deepali @ Ayushi Jain

No Maintenance u/s Crpc 125 to wife if she deserts hubby without any cause and also earning

Smt. Archana Gupta & Another .Versus Sri Rajeev Gupta & Another

 

Maintenance not granted as it is proved that wife wants to reside separately.

 

Meena Dinesh Parmar vs Shri Dinesh Hastimal Parmar

 

Unemployed man can not be forced to pay Maintenance

Sanjay Bhardwaj & Ors. … Versus The State & Anr. .

 


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