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Appeal in hc

(Querist) 24 September 2011 This query is : Resolved 
In a combined RCR and Interim Maintenance case, if the court orders me (Husband) a certain sum of money to be paid as Interim Maintenance, then will the court order my wife to return back to her matrimonial house, if i say that i am ready to take her back.

What if i ask the court to pass the RCR decree in my wife's favour as i am ready to take my wife back home. Will i need to pay any maintenance to her then also.

Can I go for an appeal in High Court if I am not satisfied with the Family Court decision. If Yes, then I have heard that in HC normally for the first hearing date to come, it takes 5 years time from the case reg. date. Is it true?
Advocate. Arunagiri (Expert) 24 September 2011
If the court orders RCR, the question of maintenance does not arise.

Maintenance to wife is given when she is living separately, after the order of RCR, the wife is going to live with her husband, so, the question of paying maintenance does not arise.
prabhakar singh (Expert) 24 September 2011
To avoid any burden of maintenance it is the best course to surrender for RCR to be passed.

If you contest interim maintenance can be awarded to your wife which shall continue in force for those 5 or more years the case goes
pending in High Court as rightly anticipated
by you about pendency over there.
Raj Kumar Makkad (Expert) 24 September 2011
I think you are confused. Interim maintenance means for the period, petition remains pending. If RCR is decided in favour of either of parties, it shall remain stopped.

The perception about High Court is not true. Your appeal, if filed may be even decided within a period of one year.
Shonee Kapoor (Expert) 24 September 2011
Hi Dear,

I agree with Ld. Mr. Makkad here.

Just on the basis that she is getting maintenance is no ground for her joining you without trial.

The cases can be decided in few months to multiple years.,


Shonee Kapoor

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