Strategic help required: RCR & Sec.125
Querist :
Anonymous
(Querist) 13 August 2010
This query is : Resolved
Dear Experts,
My wife left me a year ago and didn't returned. Filed RCR against my wife. LD court ordered an interim of Rs.2500 + Rs.2000 as litigation cost from April'2010. I have paid 2 times and then stoped paying the interim because till date, i have no certified copy of the order inspite informing the opposite lawyer by my lawyer.
My wife on the otherhand filed Sec.125 against me. W.S. submitted from my side.
No hearing started either in RCR or Sec.125 due to transfer of judges.
1. Whose responsibility to get the certified copy?
2. My lawyer said, I have to pay the amt. at a time later. On this order copy issue, he told me it will take considerable time to get it. I stoped it now. Is it a correct move?
3. A reply was given from my wife's side in RCR, that she want to live with me but separately. My point in the RCR is the same, that wife want me to separate from my aged ailing parents, by hook or by crook and want me to stay in her residence with her mother as ghar jamai.
Is the reply of oppsite party will give us advantage?
4. My, lawyer said, let stick to RCR. He delibarately avoiding the hearing of the Sec.125. Reason he showed that, sec.125 simply burden me by giving another interim may be higher or the same amount wich was ordered in Sec.9. So better to delay it as far as possible. Is it a correct strategy adopted by my lawyer?
Pls. suggest.
Guest
(Expert) 13 August 2010
1. It is JD (your side’s) responsibility to seek Certified Copy of Order on S. 24 HMA.
2. No, your stopping is not correct. Your advocate say is not understood here to give view. Kindly explain this para little more.
3. Wife has right to live with husband and if she is claiming that she wants to live with husband then husband should follow it by taking a separate residence and balancing his duties towards his parents and fulfilling rights of a wife too. This is a middle patch attitude to resolve marital conflicts.
4. Even you win RCR you can't execute it because no act of God can compel other spouse to live with another spouse without his / her free will hence in given circumstances it is better to show certified copy of S. 24 award to S. 125 CrPC Court, atleast S. 125 CrPC now will come to Evidence stage where your wife is required to prove “willful neglect” of yours bze she has already proved your income by getting award under S. 24 HMA and civil court orders are bound by Criminal Court. By filing S. 9 HMA you have proved your burden of neglect in good books of the criminal court and the moment she says of separate residence in S. 125 CrPC as her valid reason to stay separate it is not a valid ground to not to live with husband when he is agreeing to keep a wife so you win S. 125 CrPC just on correct interpretation pleadings asap instead of lingering two maintenance cases !
Koumarish Bhattacharya
(Expert) 13 August 2010
If there is a maintenance running under the Civil Court order, the Criminal Court should not award another maintenance order.
If your wife can not show reasons satisfactorily as to why she would not reside with your parents, the case U/S 125 Cr.P.C. is within your grip.
Get the certified copy as soon as possible. You can do it yourself if your Advocate is not helping you.
