Mohsin (Proprietor) 13 August 2014

Rcr ?

Sirs,

My wife is living at a particular place illegally occupied by her and owner has filed evacuation case against me and her, ( though I have left that place as there was unnecessary embrassment there) . I am ready to provide her alternate accomodation on rent in the vicinity where we along with our child can stay happily. however, she is not ready to come to my place and filed a false DV case since last 3 years but as no interim yet ordered as changed 6 lawyres and each time with different statements. After lawyers know her story and her adamant and fighting instinct, they quit.

I given several reply in DV court that I am ready to maintain and provide alternate accomodation but she is refusing. Now I am fed up, almost 5 years. My friends advised me to go for second marriage. As I am muslim, I can go for second marriage w/o divorce.

Now the problem is with maintenance to her which I do not want to give her for the above reasons. I cannot maintain 2 families at a time. My friends advised me to go for RCR. In case she joins, I am OK, I drop the ideas of remarrying. If she does not then they say she won't be entitled for maintenance even if I would marry other women. As muslim, by custom I do not need to divorce to remarry. I know she is not going to join as she feel property more important than me.

Should I go for RCR or Divorce. I do not want to give her maintenance for the reasons above. Please advise me and oblige.

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1 Replies

Tajobsindia (Senior Partner ) 14 August 2014

1. As per Muslim Personal Law proper Divorce needs to be taken and don’t rush up for second marriage in pendency of first marriage seeing existing Court cases that you are facing.

2. There is no provision for RCR under Muslim Personal Law (codified or un-codified). Since Muslim marriage is a contract, it is suggested to file suit for Specific performance in jurisdiction Civil Court. There are judgments of Hon'ble SC and also from various Hon'ble HC's in your favor if ever you choose to file suit for Specific performance. Consult local Lawyer who knows a Muslim husband's right to file suit for Specific performance against his wife.

3. Prompt Landlord to file eviction suit as per Tenancy Laws ir-respective your wife squatting illegally therein. Before doing so send a Notice with receiving to Landlord of tenancy vacation at backdate! Law is in favor of Landlord as per mentioned brief.

4. There is no question of she getting Maintenance and/or residence rights via Protection Order under DV Act based on your brief.

5. If you think she will mend her social ways and is fit for family life with you then follow para 2. If you feel she is there to create nascence to family life then opt under your Personal Law proper judicial Divorce from her then re-marry.

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