ABCD (HR Consultant) 10 July 2015
Dear Concern,
Please advise:
A. Facing 125 Crpc in Aligarh, replied, counter reply awaited.
Submission of 9 RCR.....Helpful...????
B. RCR in Delhi, my loving dear ignored three notices, sent DJ Notice, exparty order awaited on next date.
Submission of certified copied of 125....Helpful....????
which one is more effective or directive.
Regards
ABCD
Adv. Deepak (Advocate) 11 July 2015
In 125 CrPC, if wife is not earning, husband is duty bound to maintain her. That case can only be defeated if it is proved that she has voluntarily deserted husband. Othrwise, she will definitely get some maintenance order from the Court.
In RCR 9 case, even if ex-party order is passed and decree is drawn accordingly, it cannot be executed against the wife. Also, she can prefer application to set aside ex-party order.
It is always beneficial to prove in 125 CrPC that she has deserted the husband without any justifiable ground. Then only RCR 9 case will get strong.
ABCD (HR Consultant) 18 July 2015
Thanks Mr. Deepak for valuable points.
Practically RCR 9 is not so helpful, but it will be legal doc against wife whether willing or not.
And also its a fact that she is living with her parents willingly.
"She don't deserve maintenance", let me try..... rest up to decision.
Regards
ABCD
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