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Rakesh Agr (fighter)     27 September 2015

Ex-parte rcr decree and crpc 125 and dv case

If husband wins RCR ex-parte then is is said that CrPc 125 and DV cases are not maintainable. Is it right understanding? If yes then someone share suprecourt judgements in that regards which can be used to fight.



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 4 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     27 September 2015

Don't be happy that the husband  has been awarded RCR expartee, Wife can challenge it any time,DV and 125 are separate cases  and are  maintenable,wait for her to file 498A also.

prabhakar advocate (advocate)     28 September 2015

Yes.  Husband armed with ex-parte RCR decree may plead in S. 125 cr.p.c. case that the wife abandoned him without sufficient cause.  It is a strong point but not the whole point.  The court will take some other things also into consideration while granting maintenance case to the wife.

Rakesh Agr (fighter)     28 September 2015

Thank you. Is there any supreme court citation which can be referred or used for this scenario.

SAINATH DEVALLA (LEGAL CONSULTANT)     29 September 2015

U can search on google or www.indiakanoon.org


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