Maintainance after rcr decree

keshav@1990 (Querist) 20 May 2013 This query is : Resolved
SIR, RCR DECREE IS PASSED IN FAVOUR OF HUSBAND(MUTUAL COMPROMISE) NOW HUSBAND WANTS TO FILE DIVORCE AS WIFE IS NOT OBEYING RCR DECREE MY QUESTION IS
1) WHAT IS POSSIBILITY OF INTERIM MAINTAINANCE TO THE WIFE
2) WHAT HUSBAND SHOULD DO APPLY FOR DIVORCE IMMEDIATLY OR WAIT FOR ONE YEAR
THANKS IN ADVANCE

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Raj Kumar Makkad (Expert) 21 May 2013
1. Wife can claim for interim maintenance under section 24 of HMA.

2. Better to wait for a year.

Saket Saurav (Expert) 21 May 2013
In case the husband files a case for divorce, the wife can file a petition under the Hindu Marriage Act for Interim maintenance. Filing the petition is her right but the interim maintenance is not her right rather it is the discretion of the Judge.

If one year has elapsed from the date of marriage then the husband can file the divorce petition now itself.

ajay sethi (Expert) 21 May 2013
you have not mentioned whether wife is working or not . what is her income .

wife who willfully deserts her husband without sufficient cause is not entitled to maintenance .
you have an rcr decree and yet your wife has refused to stay with you .wait for one year and file for divorce