Srinivasan (IT) 31 August 2017

Contested rcr

I filed RCR and after that wife filed CRPC 125 maintainence both are seperate cases in the same court. Maintainence awarded 6 months before and last week my Contested RCR wins. My question is Can I stop the maintainence using CRPC 127 by the degree of contested RCR.

Experts pls reply

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3 Replies

Siddharth Srivastava (Advocate) 31 August 2017

You can seek modification of order if there is any change in circumstance.

Adv Radhika Mehta (Advocate) 01 September 2017

Divergent views have been taken by different High Courts on this issue i.e. whether maintenance can be stopped once RCR is passed? However, no harm in trying and filling an Application for Modification. However, before you file that, i would advise you to send a legal notice to your wife asking her to rejoin you. If she fails, then you can apply for modification.