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125crpc revision on high court and divorce petition in family court


18-Oct-2023 (In Divorce Law)
Dear sir, 1. RCR awarded to husband side (my side), wife not returning to matrimonial home. 2. We have filled RCR Execution petition also, its status is in STEPS. 3. Even though RCR decree is in my side, under 125crpc maintanence awarded to wife and child (5000+4000). Both RCR and 125crpc decree given by same judge. Note: wife Engineering graduate and we have given joining letter of her also provided PAN card. Based on the above information can I file revision of 125crpc & divorce petition
Answers (2)

Answer #1
577 votes
Dear Sir, Yes, you can go in revision in respect of interim maintenance awarded in favour of wife who is Engineering Graduate and might be working women. RCR may not executed in right spirits but you can file Divorce case and also submit before the Court as a punishment the maintenance awarded to the mother and child may be stopped.
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Advocate Kishan Dutt Kalaskar

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Answer #2
865 votes
Execution of a RCR decree will be of no use as it is an order which cannot be implemented/forced upon her. It’s best you file a divorce petition based on the RcR decree and her disobedience of the Order passed by the court. Challenge the 125 CrPC decree as well. That way it will create pressure on her to concede.
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Advocate Ankith S Reddy

Adv. Ankith S Reddy

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