How RCR can help you in dismissing 125 CrPC Maintenance Case?
crpc 125 maintenance denied judgements
The important aspect of 125 CrPC is to prove that the wife has left the matrimonial home without any reason.
How to prove this…
The best way to prove this is to havea Judicial finding on the above mentioned aspect.
As soon as wife leave the matrimonial home you have to file RCR first. Contest this case on merits and obtain a decree and there surely be a finding by the court that the wife has left the matrimonial home without any reason.
If the finding is in your favor then you can use in 125 interim maintenance proceedings or in 125 case to dismiss this case.
As held in Balram Dash Vs. Gitanjali Dash of Hon’ble Orissa High Court the court has denied the maintenance given to wife on the ground that since wife has not joined the husband despite the RCR decree she is not entitled for maintenance as she has left the husband without any reasonable cause.
However,the larger question is still under consideration by Hon’ble Supreme court but. Till now you can use
Nitish Banka is an advocate practicing in Supreme Court of India and can be reached at [email protected] or 9891549997
