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Divorce- RCR- Maintenace-reg

Querist : Anonymous (Querist) 19 February 2011 This query is : Resolved 
Sir,

Please give suggestions after reading the following messages:

I filled divorce petition on May, 2009 due to mental cruelty and given exparte judgement for me. But after six months, the case has been reopened by the wife in the court.

Meanwhile Maintenance case is also filled by her in another court where she was worked on August, 2010.

Now, the divorce case is in progress and Maintenance case is also progress in another court (her working place).

Meanwhile, she resigned their private job and gone to her mother place. and Now, she filled petition for restitution of conjugal rights under Sec. 9 in the court where divorce case is going on.

Now I need following clarifications:

1. Is there any valid for RCR petition in the progress of divorce case?

2. Is there any impact on maintenance case, because her RCR petition stated that , "currently she is not in job (resgined)" for getting more maintenance?

3. If divorce granted, what will be status of RCR petition?



Tsaran

Devajyoti Barman (Expert) 19 February 2011
1. Yes but the RCR case should be stayed in the context of section 10 of CPC.
2.Not much, she will be getting maintenance anyway.
3. Would become infructuous.
Advocate Bhartesh goyal (Expert) 20 February 2011
I do agree with Mr.Barman.
G. ARAVINTHAN (Expert) 20 February 2011
even if she is earning, maintenance can be awarded.
Atuliya (Expert) 20 February 2011
It is weird how much effort you people put in to screw up your own lives.
Your lawyers are amongst the Blessed ones to get you people as clients. They do not have to bother about updating their skills and thereby the standards of judiciary are plummeting on a day to day basis especially in matters relating to matrimony.
Atuliya (Expert) 20 February 2011
It is weird how much effort you people put in to screw up your own lives.
Your lawyers are amongst the Blessed ones to get you people as clients. They do not have to bother about updating their skills and thereby the standards of judiciary are plummeting on a day to day basis especially in matters relating to matrimony.
Querist : Anonymous (Querist) 20 February 2011
Sir,
Thank you all for reply.
I need one clarifications that, I got homeloan and constructed a house before marriage. (EMI will have to pay upto 2020).
Whether payment of EMI to homeloan will be taken as expenditure from my salary for calculation of maintenance to the lady or not by court. or court will not considered the payment of EMI.
Please give suggestions.


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