Rcr - hma 24

The Husband is free to withdraw RCR any moment, however the court may in its discretion carry on any counter claim by wife including her application for maintenance.

Rightnow husband is working, so wife can claim.

He is private employee, at any time he may jobless.

Then how can he satisfy maintanance?

Please.......

Petitioner is at liberty to withdraw RCR.  Once RCR withdrawal is allowed, maintenance application u/s. 24 HMA becomes infructuous automatically.

Thanks.

What is u/s 124? Is it a permanent maintanance?

If RCR is withdrawn, what this permanent maiantance case, will it also become infructous?

There is no Section 124 case.  There is a maintenance case, which can be filed under Section 125 Cr.P.C.  If it has been filed or if it will be filed by the wife, it will go on and it will not become infructuous.  It is like permanent maintenance case.  Once order is passed in this case, It will go on till she remarries or she remains chaste.

Dear User

the application filed by wife u/s 24 HMA is a misc. application and this is depend on main suit, if husband withdraw the main suit RCR, this application will become infructous.

feel free to call

Thanks.

U/S 125 is a permanent maintenanace. In this case if husband is willing to bend for the permanenet  maintanance

case, Is it meaning like a divorce. Can he  and she go for re-marriage?

Your answer?

Please answer my query.

Maintenance is different from divorce.

Maintenance is her marriage right as per Indian law. So, once married, thats it, she can claim free money till she gets remarried.

"till she gets re-married, she can claim money" in such case while offering permanent maintenance to her,

can husband go for re-marraige?

Since wife is having right under maintenance to go for re-marriage.

Please reply

Neither he nor she gets remarried without having a valid divorce decree granted by the court dissolving the marriage.  For your further clarification, if wife gets maintenance under section 125 cr.p.c., she is also not entitled to remarry without getting divorce decree from her husband.  Section 125 Cr.P.C. does not give power to either husband or wife to go for another marriage without getting divorce.