2.5 years , Sec 9 RCR still pending.
sumit
(Querist) 29 April 2015
This query is : Resolved
Since last 2.5 y my sec 9 RCR is pending.Reconciliation failed, case is now in Argument stage.
Child visitations order not followed by wife.
Court proceedings is very slow, Rs 8000 /month sec 24 maintenance paid and dues amont also cleared. Then aslo wife filled sec 125 crpc for just harussing me.
I am staying out of state job perpose .No other cases on me.
My questions is:-
1. What should i do for speedy progress?
2. I have Child visitation order but she never followed ....what should i do for that?
3.How to defend sec 125 crpc.
4. How to cancel sec 125 crpc.
Dr J C Vashista
(Expert) 30 April 2015
1. Did you apply/submit to the court for non-obedience of visitation rights?
2. Maintenance u/s 125 is separate to that u/s 24 HMA (pendente lite only), however, the court shall consider the award(s) before passing order on application u/s 125, what is the advise of your lawyer?
Q 1, You have no control/authority, expect to request the court.
Q2. As (1) above.
Q 3 & 4. Seek professional services of your lawyer. However, you cannot get it cancelled.
Devajyoti Barman
(Expert) 30 April 2015
1. APPLY IN HIGH COURT FOR GETTING ORDER FOR SPEEDY DISPOSAL.
2. You can file contempt petition in high court to get the order implemented.
3.Defend merit.
4. It can not be cancelled but the amount is to be adjusted with the amount granted in section 24 proceeding.
Rajendra K Goyal
(Expert) 30 April 2015
Agree with the expert Devajyoti Barman ji.
T. Kalaiselvan, Advocate
(Expert) 03 May 2015
You say that the case is in argument stage, why dont you wait for some more time. The other advises rendered by Dr.Vashista may be followed.
