ABCD (HR Consultant) 07 November 2014

Stopping maintenance 125 crpc

Hi,

Please advise......

1. Filed RCR in Delhi........hearing date will be in March 2015.

2. Got notice from Aligarh family court on 28.02.2014 but couldn't appear due Mother's death and problems. Also court was vacant for long.

3. Should I follow first notice or wait for second.

4. Now court is on I want to reply her maintenance as she has left me for no reason also there is 5 years pshychological history which was not revealed till marriage. Her stay period is 8 days without physical relation and from last 3 yrs she is with her parents.

My strategy is to stop her maintenance end move towards mutual.

Am I on right track.........

Regards

ABCD

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2 Replies

great india (manager) 08 November 2014

You can also contest for null and void marriage decree....i.e. Divorce instead of rcr...... 3 yrs is a long time .

T. Kalaiselvan, Advocate (Advocate) 12 November 2014

You cannot file a suit for declaring the marriage as null and void at this belated stage, you could have filed the suit within one year from the date of knowledge of her mental illness. You have to contest her maintenance case properly. If you do not want to continue the marital life with her what is the purpose of filing RCR case? If there are possibilities for mutual consent divorce, arrange for it by negotiating the terms for the same.