Cr pc 125
Raj
(Querist) 18 April 2013
This query is : Resolved
Dear Sir,
I husband filed u/s 9 in family court mumbai. my wife filed 125 crcp in village at the same time. Mumbai order come by my side of Restitution of Conjugal Rights case ( No justifiable reason to quit of wife-noted in )and as per her apply interim paid to her 75% till now and village order for maintenance also.
I applied to upper court of village revision u/s 397. Nine month passed till no issue yet now. every month my adv. taking date that matter not yet come to hearing. and Village 125 court issuing arrest warrant for recovery. Now I am paying few amt to village court and change in circumstences will be filed later.
Please advise me that is there any other way to stop/cancel village 125 court order ( u/s 9 by my side) or to make fast process of 397 or other way is there to prevent from all this.
Thanks,
ajay sethi
(Expert) 18 April 2013
wheels of justice move slowly . since you have got an order for RCR and your wife has deserted you without just cause she would not be entitled to maintenance .comply with orders passed by village court until said order is set aside in revision . you have not mentioned whether your wife is working or not . whether she is in a position to maintain herself?
V R SHROFF
(Expert) 18 April 2013
RCR SEC 9 IS A USELESS ACT, AS NOT RESULT ORIENTED, NEITHER BINDING WIFE TO COME TO HUSBAND..
125 IS BINDING So u r bound to pay your wife mtn. irrespective of the result/ outcome of rcr sec9.
I never recommend rcr / or 498a: It does not help any party to marriage. It only puzzle and crack both..
R.K Nanda
(Expert) 18 April 2013
agree with experts.
Raj
(Querist) 18 April 2013
Thanks to all,
My wife is earning enoughm I dont have any record. I just have knowledge where she worked but dont have proof.
Sir,
But there is no end in this I mean I have to pay amt regularly no limit. Should be any law is there to stop or cancel. If I am ready to accept her and RCR is there.
I am confuse. Sir please advise me.
R.K Nanda
(Expert) 18 April 2013
consult local lawyer.
