Rcr order vis a vis maintenance order u/s crpc125

Querist : Anonymous (Querist) 26 February 2021 This query is : Resolved
dear sirs,
I am paying rs 9500/- per month to my daughter and wife as per the interim order by the learned court u/s Crpc 125 since last 4 years. Last year I have won the RCR case done by me u/s 9 and the learned district judge has ordered my wife to restore conjugal life and decreed also. She has not come after three reminders. Can i stop paying her maintenance u/s Crpc 125 lawfully ?
what are my legal options as my next course of action ?
please guide.....

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P. Venu (Expert) 27 February 2021
No, you cannot decide unilaterally. You need to bring the aspect of non-compliance by the wife get appropriate directions from the Court.

Advocate Bhartesh goyal (Expert) 27 February 2021
You are bound to comply with the court's order and have to pay regularly maintenance to your wife if you stop or discontinue paying maintenance ,have to face/suffer consequences. Bring the fact of non compliance of court's order by your wife passed in RCR petition , in notice of court and get appropriate order.

Dr J C Vashista (Expert) 28 February 2021
Maintenance has to paid till it is modified or set aside by higher court, which can not be done on the strength of decree of RCR..
Decree of restitution of conjugal rights can not affect maintenance, which may be very very difficult to get executed.

Dr J C Vashista (Expert) 28 February 2021
None execution of decree of RCR / non-re-joing of spouse can be a ground for institution of suit for passing a decree of divorce under personal law (Hindu/ Muslim/ other) of the parties.
It is better to consult and engage a local prudent lawyer for appreciation of facts/ documents, professional advise and necessary proceeding if you have lost faith in the lawyer already engaged /paid by you.

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