Rcr and interim maintenance petition against the husband
Querist :
Anonymous
(Querist) 20 September 2011
This query is : Resolved
Hi,
My wife has filed a RCR and an Interim Maintenance petition against me.
My marriage is 8 months old. My wife doesn't like to stay in joint family and is also lazy of doing household work. Also she used to cry remembering her mother all the time. Because of all these reasons, she left her matrimonial house with her mother, telling me that she would return back in 2-3 days but since last 5 months she has not come back. She sent me a legal notice to arrange for a separate accomodation or pay Rs. 15000/- per month, with a false allegation that I have told her to go to her parents house and I would arrange for a separate accomodation and call her back. There were other allegations as well in that notice regarding cruelty.
I gave a nice reply through my advocate to her notice stating all her allegations as false and even stated the fact that I have not told her to go to her parents place and never committed her that I would arrange for a separate accomodation because I believe in Joint Family culture. I also stated in that reply notice that I am ready to take her back and fulfil my obligations as a Husband.
Thereafter, since last 2 months we are not in talking terms with each other. No contacts, no phone calls, nothing. Last month again I sent a legal notice to her asking her to come back out of fear that She may file a maintenance case against me. In that notice I have stated that She has deserted me without any reasonable cause.
My fear was not wrong as she has now filed a RCR and an Interim Maintenance petition against me and I need to attend the Family Court on the 4th October, 2011.
These days I am jobless and I was working in a multinational with good enough salary. So, she has an eye on my salary and have asked for Rs. 15000/- per month as maintenance.
Why should I pay her as I am willing to take her back. Also, within the span of last 5 months, I have sent 2 legal notices to her asking her to come back, so I am also not eligible for RCR petition against me.
Now I need to draft my saying for her petition and need a lawyer. Her petition has the same old false allgeations repeated once again. I need a best lawyer but my budget is too less. Can I get help in this regards from the lawyersclub.com community.
How much time it takes to come out of this court proceedings, once a petition has been filed?
Understanding my whole story above, would the court order me to pay her maintenance or order her to join the matrimonial house? Who will win the case?
I hold a Masters Degree and my age is 30 years, while my wife is an HSC and attended but failed in BCOM and her age is 25 years. Though my family is rich but I have just got my job as my asset and nothing else. I am jobless since last 4 months. Her parents were and are poor with a 1 room house. She has no source of income. In her RCR petition, she has stated that She is ready to live with me in her matrimonial house.
Thanks for your time and toleration, reading all the above stuff. Help me out as I am looking for a very good and a very cheap fee lawyer.
Devajyoti Barman
(Expert) 20 September 2011
Under the instant circumstance the could would definitely grant alimony to the wife. The amount would vary anything between 205 - 40%.
ajay sethi
(Expert) 20 September 2011
1)where are you located? you desire services of lawyer. you can engage lawyer from vicinity of where you are staying .
2) it is indeed sad that your marriage has lasted for only 3 months and for last 5 months you are staying separate .
3)court proceedings depend upon backlog of case s in family court .
4)you have staed that you are jobless for last 4 months . you are under moral and legal duty to pay maintenance . the fact that you are jobless is no ground to deny maintenace
5) judgment of Punjab and Haryana High Court in the case of Smt. Urmila Devi v. Hari Prakash Bansal (AIR 1988 Punjab and Haryana, 84), wherein it has been held that if the person concerned is able-bodied and fit enough to work, he is supposed to maintain his wife and he can be saddled with the liability to pay maintenance to the wife,
Raj Kumar Makkad
(Expert) 20 September 2011
I think the reply given by sethi is sufficient for you to understand legal position in your case. One thing is sure Ram Jethmalani shall not come for defending your case in cheaper fee.
Shonee Kapoor
(Expert) 20 September 2011
Very rightly put by all experts.
Fear is your biggest enemy. But try to sort out the problems amicably.
As you have stated you are not on talking terms, please include a mediator.
Life is too short to be spent in litigation on such small matters.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Guest
(Expert) 21 September 2011
Shonee is right. Any litigation creates more and more bitterness in relations rather than any beneficial solution to any of the party in most of the cases.
Shastri J.K.
(Expert) 21 September 2011
I agree with experts.
girish shringi
(Expert) 23 September 2011
I do agree with the experts.
