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Ravindra C (Professional - Verifications and Forensics)     30 November 2010

Advice Required on RCR and Divorce

Dear Experts,

 

Request you to clarify the below questions. If RCR is filed by Husband and is at the stage of Evidence. Judge has given  3 dates for Reconciliation, However Wife has not appeared for any of the three hearings.  Wife is not interested for Reconciliation and husband is not interested in Divorce ( Strange but true). Husband has filed a Petition for Interim and Permanent Child Custody. Under the given circumstances . Husband is working and Wife has left the job. Financial position of wife side is good than the husband side.

1)     Can Wife claim for Maintenance

2)     Can Wife file DV/498A

3)     If Yes, What is the options left with husband to fight the case



Learning

 3 Replies

Jamai Of Law (propra)     30 November 2010

Can Wife claim for Maintenance.......Yes...in RCR suit contesting wife can ask for maint for her as well as for kids under her custody

 

Can Wife file DV/498A.......Yes she CAN.

 

If Yes, What is the options left with husband to fight the case.......Options are.......... to fight the case .........or settle it out of court.

 


 

1 Like

adv. rajeev ( rajoo ) (practicing advocate)     30 November 2010

Yes she can claim maintenance if she is not having any independent income.  Parents income wont be considered in case wife's claim for maintenance.

Yes she can.

Contest the case or get compromise with the wife.

1 Like

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     01 December 2010

It ehy are implicating you in false case you also try and implicate them in false cases ,fight cases or settle out of court.Best options always is to settle out of court.


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