Crpc125 vs sec 9 rcr

If you will not attend the court hearing of crpc 125 then court will pass exparte order in her favour and you have to pay the maintenance to her as per decided by the court . 2. You had sent dasti notice to her she will present before the court and will give her statement . 3. if you both husband and wife are ready for divorce then mcd is the best option IT is easy and fast process to get divorce.

You cannot avoid the payment of maintenance if awarded. 

Mr. ABCD,

 

Your lawyer is lying you. If you see my post bellow you will get lot of option to fight against it.

But I have a specific question to you. Whether 498A has been filed or not? Whether any other thing has been filed or not?

 

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg


https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

 

Better you appear in the maintenance proceedings and make arrangements to go for divorce by mutual consent.

There will be possibility of settlement.

If they got exparte order of maintenance in your absence, there is possibility for non settlement as girl will claim more money towards maintenance

Without knowing full facts that why she left you and filed S. 125 cr.p.c. and why you have been forced to file RCR and why your advocate is suggesting MCD, it is not possible to give the best advice.  Most of the people, especically self declared experts, suggest that to avoid the payment of S.125 cr.p.c. the good option is to file RCR.  That is not the correct appreciation of the law.  Revealing the full facts may get you better advice.

Thanks to all experts for response.

Following are the facts:

1. Staying period only 7 days without cohabitation, now she is with her parents for more than two years.

2. She has 5 years in complete medical treatment history of abnormal behavior prior to marriage, parents of girl never supported us for further treatment as base to keep girl in home. 

3. They threaten us to break the relation and asked to return things. 

4. My Father & passed passed away. I am unemployed due to family responsibilties.

5. Girl never cared for my family whenever needed , we kept on informing her about incidents as social phenomena.

6. There was a discussion for separation we refused and insisted of court procedure MCD.

7. She filed 125 CRPC of the bases of dowry & ill treatment during stay of one year, but fact is only 7 days and no question of dowry & ill treatment.

8. I haven't appeared in court.

9. My lawyer filed 9 rcr. 

10. Rest things awaited.