Rcr and crpc 125
Querist :
Anonymous
(Querist) 23 April 2021
This query is : Resolved
Dear Legal Experts
My wife went away from me before 2 years along with my kid to her parents place . She filed RCR and Subsequently Crpc 125 from native place before one year ,Because of Corona , there is no much progress .. For the RCR notice sent earlier , have replied that she is free to come and join me . Is it ok to have RCR and Crpc 125 filed together by wife
Dr J C Vashista
(Expert) 24 April 2021
What is your question regarding filing of RCR and maintenance case u/s 125 Cr PC ?
Both the case(s) are maintainable.
However, what is your doubt and advise of your lawyer qua your query ?
Sankaranarayanan
(Expert) 24 April 2021
I do stand with expert Dr vashita ji points
Advocate Bhartesh goyal
(Expert) 24 April 2021
Your wife filed RCR against you and you didn't respond on one or another pretext consequently she had to file petition for maintenance for herself and your son.It seems you are intentionally ignoring them and depriving her to her matrimonial rights.Better try to resolve the dispute if any else be ready to face more cases and consequences.
P. Venu
(Expert) 24 April 2021
Is it just an RCR Notice or has she filed such an application/petition in the Court? Does the petition for maintenance mention of the alleged RCR Notice?
Querist :
Anonymous
(Querist) 24 April 2021
Thanks for the Guidance . Let me give few more details to make my self clear
Wife left home 2 years back on the pretext of Vacation . Did'nt turn
Sent RCR legal Notice during 2020 Jan , We responded back stating that she left the home by herself and she is free to join back anytime without any precondition .
Wife file RCR petition in the month of June 2020 in bangalore ( came to know that there is a RCR filed on me in April 2021 )
Wife Filed Crpc 125 in the month of July 2020 in bangalore ( came to know that through order issued from court in the month of Nov 2020 )
with 1 month Gap she has filed RCR and Crpc 125 ..Will court see the ulterior intention .
For RCR : i have clear evidence that she was residing with me and not i deserted her
for Crpc 125 : Contention is I was Mistreating her for Dowry issue and planning to given my daughter in adoption to my brother .
P. Venu
(Expert) 24 April 2021
You are yet to provide the specific information whether the petition mention of the reply you have alleged given to the RCR Notice?
Querist :
Anonymous
(Querist) 24 April 2021
No sir , She has not mentioned the RCR case details in the Crpc 125 Case
Pradipta Nath
(Expert) 24 April 2021
Restitution of conjugal rights and maintenance are both maintainable. In case you have stated that you are eager to lead a conjugal rights with your wife, may the maintenance petition will get effected with respect to your wife, as she should show grounds that you deserted her.
K Rajasekharan
(Expert) 24 April 2021
Your query clearly states that she had sent notice which you replied in turn, and has later filed both RCR and CrPC 125 which do not show much progress due to Covid.
She has the right to file both as pointed out already by some experts. Both are not contradictory.
P. Venu
(Expert) 25 April 2021
May be both cases are maintainable. However, in my understanding, she ought not to have approached the Court suppressing the fact that you had replied to RCR Notice willing to resume conjugal relationship. Her petitions are bond to be rejected on this ground alone.
Dr J C Vashista
(Expert) 25 April 2021
Both the cases are maintainable at the place where your wife /child reside or her convenience.
You have legal, social and moral responsibility to maintain them.
She has a right ,which she has claimed and shall have it against you.
Prima facie your intention is to neglect your wife and child.
