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Anil Kumar (IT Professional)     16 February 2015

Interim maintenance

Dear Experts,

What is “Execution” in RCR (Section-9) and is it mandatory in RCR after getting the Ex-parte Decree in favor of me? But on the other hand after getting the Order of the Court she has not complying the order and willingly dishonored. What does it means? Can we assume that she is not willing to restore her conjugal rights? If she has done willingly, then how it is possible that she is eligible for Interim Maintenance U/s 23 (i) of PWDVA-2005 and permanent maintenance in Divorce?

Plz. suggest.



Learning

 7 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     16 February 2015

Dear, File execution of the same order and yes it will help you not letting her get maintenance because she is willingly not joining your company .... Kapil Chandna Adv 9899011450

Anil Kumar (IT Professional)     17 February 2015

Thanks Kapil Chandna Sir, but here is a twist, after getting the RCR Orders she has immediately filed the fake complaint at Mahila Thana for dowry demand and mentally harrasment. i got the call from Mahila Thana for my presence but without any written Notice I avoided to go at Mahila Thana and submitted the RCR Order copy to Mahila Thana via post  as well and same will send to IG and SSP to take the further action against Mahila Thana for fake calling. After the 2.5 Months of that episode  I have got the letter from Praviaar Pramarsh Kendra in which PPK need my presence. But i do same i sent the another RCR copy to PPK and after that I have not get any call / Notice / summons form Mahila Thana and PPK.  

Point is: She is not really interested to restore her conjugal rights if she then as to why she had lodged fake complaints here n there in mislead the Police Authorities and Court. That's the reason I have not filed "Execution" because she has not give us any fair chance to consider for execution of RCR and immediately after the 9 month of RCR Orders she had filed DV case against me, hiding this RCR Case in her DV petition and get the ex-parte IM order U/s-23 of PWDVA-2005. 

Now what's ur opinion.

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     17 February 2015

Dear, I think you have good case on merits and you have to contest the case by appearing not avoiding.... Kapil Chandna Adv 9899011450

Anil Kumar (IT Professional)     17 February 2015

Thanks Agains Kapil Sir, 

But here is a confusion, Okie I clear it once again.

After getting the RCR Order and a Legal Notice to intimate her about to restore her congujal rights by me my wife lodged fake complaint immediately at Mahila Thana in which I had got the calls from Mahila Thana for my presence but without any written communication i.e. Notice / Summon I avoid the Mahila Thana and sent the RCR Order along with my Advocates Legal Letter and same has been sent to IG and SSP for further taken action about this matter. This has been shown that my wife was not interesting to reside with me and continue her matrimonial relations otherwise she has not avoid the Delhi Court Order and not gone to lodge the fake complaint at Mahila Thana and Praviaar Pramarsh Kendra.

After 9 Month of RCR Order she has filed the DV Case against me and without giving me any clue about the DV Case and get the ex-parte IM Order (Means the Court has not sent any notice / summons during the 4 months period of this case and without sending any notice the court has marked me absence and proceed the case ex-parte and grant the IM to my wife)

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     17 February 2015

Dear, U mean to say that she is in collusion with the authorities and the court has got the favourable decree.... But how long you will be staying away and my point is unless you enter the appearance and all, you will not be able to get justice and this will keep on repeating .... Kapil Chandna Adv 9899011450

T. Kalaiselvan, Advocate (Advocate)     19 February 2015

You have to challenge her interim maintenance award in the DV case in that court based on the RCR decree in your favor and you may intimate the court that you are ready to take her back and hence have sent a registered notice to but it is she who is not interested in joining you back instead she is using the back door entry to claim maintenance amount alone by suppressing the fact of the RCR case and its disposal.   There is nothing wrong in it, infact you have followed the correct route so far and you may proceed in the same manner in the future too.  Be in touch with your advocate for further issues.

Anil Kumar (IT Professional)     04 March 2015

Thanks T. Kalaiselvan Sir and Thanks to Kapil Chandna Sir for you valuable advice. In the present the Trial Court has forward this matter to Mediation Cell for further negotiation. In the meanwhile I question is what will be happen in Mediation Cell. 


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