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Singha Rao (Engineer)     22 February 2013

Alimony during rcr period

Hi all,

 As she has enough foult and she is not agred to join with me..Still after I will file RCR, then can she apply for interim maintenance during this period?

Seniors please suggest me..



Learning

 18 Replies


(Guest)

Elaborate please.


(Guest)

Have been seeing quite a few new queries about maintenance. So this thread. There are two types of maintenance during divorce proceedings: 1. Interim alimony [IA or interim maintenance] until the divorce is granted. 2. Peramanent alimony [monthly or lumpsum] after the divorce is granted. For the IA, the wife would have filed an application that she needs money, now when the IA is ordered, it needs to be paid from the date of the application. For eg: if the alimony application is given on 22-2-2012 and said application is allowed in subsequent months, the alimony payable to the wife is calculated from the date of application. Such application needs to be given at the completion of one year, which means to say, every year a new application need to be given. The amount fixed as IA would have been fixed based on the situations of that particular year. So dont keep paying money blindly into her account. After divorce is granted, husband has to pay peramanent alimony, here once again wife has to give application on an yearly basis.


(Guest)
Originally posted by : Singha Rao

Hi all,

 As she has enough foult and she is not agred to join with me..Still after I will file RCR, then can she apply for interim maintenance during this period?

Seniors please suggest me..

RCR = dear wife come back and join me.


IA /interim maintenance = temporary monetary relief as she is not able to earn money to maintain herself or the kid.


You calling her back with RCR, she is not willing to come, then even if she files for IA she will not be given a penny since she is not willing to cohabit with you.

Singha Rao (Engineer)     22 February 2013

Dear Sujay,

  Thank youfor your kind suggestion..

As in my RCR I am callig her back, and by the same time I am planning to put all her negative points, in between our marriage life (such as matter with her oldboy friend and loadn pressure).. Simultaneously I will put his parents name, how they influence in our marriage life, and to extract money how they are playing dual game.. After all I am also expecting false counter cases..I am ready face, because nothing wrong from my side.. So if incase she will file false 498 and other cases, still I need to pay her maintenance.. I think once divorce case starts then sure I need to pay interim maintenance..

Here I need to highlight that, no kids..and she is Engg and MBA holder.. and before marriage she worked for one year with 20 K p.per month.. more over right now she is not willig to join with me.. So hope once I can prrof then allimony may be lesser..

Thank you..


(Guest)
Originally posted by : Singha Rao

Dear Sujay,

  Thank youfor your kind suggestion..

As in my RCR I am callig her back, and by the same time I am planning to put all her negative points, in between our marriage life (such as matter with her oldboy friend and loadn pressure).. Simultaneously I will put his parents name, how they influence in our marriage life, and to extract money how they are playing dual game.. After all I am also expecting false counter cases..I am ready face, because nothing wrong from my side.. So if incase she will file false 498 and other cases, still I need to pay her maintenance.. I think once divorce case starts then sure I need to pay interim maintenance..

Here I need to highlight that, no kids..and she is Engg and MBA holder.. and before marriage she worked for one year with 20 K p.per month.. more over right now she is not willig to join with me.. So hope once I can prrof then allimony may be lesser..

Thank you..

Your statements and actions are contradictory man.

First you call her back via RCR.  THen let her give her intentions in black and white of returning or not etc.


Depending on that you file divorce petition, stating that she is not willing to join you and also that whole story of her parents tutoring her and she dancing according to their tunes, tell she is MBA etc, no kids, etc


All that story in divorce petition you tell.


No gaurantee that she wont file DV case after you file divorce case.  Be prepared for anything.  Always expect the unexpected.


later on alimony, interim alimony, readjudication of alimony etc follows suit !

Singha Rao (Engineer)     22 February 2013

Dear Sujay,

   Thank you for your email.. I mean I shold not include any of her alegations in the RCR? Simply I should file that I want her, is it? I am not so sure, as she is not staying with me after calling several time due to my posted earlier issue.. But inorder to avoid her mistakes, she is making many stroy for not to join with me.. In addition, inorder to convinience to her parents and for her own target, she told a lot against me to her parents..Now she want to make system more critical, inorder to escape from this relation with blaiming me.. But Ihave enough record, so I am ready to fight at any moment..

But in my last query an expert clearly mentioned that I may mention all these allegation in the RCR latter.. Can you suggest me on this? Thank you..


 

Msk-need -nuetral- laws (self)     22 February 2013

not a nice stratergy, only one either willful acceptance or respectful fight

shriks........... (healyhcare)     22 February 2013

rcr would be slammed by 24hma as it would prove seperation no matter who deserts...most probably as wifes run for money no matter how they get....

still u proving her desertion would save ur pocket.... go for it she wont get interim if u succed in proving her desertion ...
dont allegate much jus let the court know ur willingness to cohabitate and ur big open heart and open arms to welcome her to join matrimoney however she was.....
remember if she joins it would be taken condonation of her previous acts watever they were......

if she doesnt ur way for divorce would be almost clear


(Guest)

Shriks, for that purpose why do you have to file RCR?

send a letter thru RPAD asking her to come back, wait for few months, if she reply's back good or otherwise file for divorce

Singha Rao (Engineer)     23 February 2013

Dear Stalker Sir,

    Actually she has many fault and inorder to hide all these she is telling many false story over phone.. Sure teh way she is arguing, all are base less.. So as she and their family playinga dual game, so I was thinking to file a RCR first..But in that I wanted mention all her fault.. But Shriks mentioned that better not to put all these allegations. But I know once I will file to rejoin with me, she file X-number of false cases..So what I was thinking that better ti include all her fault in starting itself, and letter what ever she will do, let her do..after that incase she will file false cases, then I will withdraw my case and can go for divorce..

But as you suggest that "send a letter thru RPAD asking her to come back", and if not join then can file divorce.. To me thos options seems good.. Can you tell me what is RAPD? and how does it work?

Ifyou don't ming then can you share your phone number so that I can able to reach you.. My gmail ID "ramaaryan236@gmail.com" Please help in this regards..

Thank you..


(Guest)

Bro,

Dont write any allegations as of now, after which you will not have any defence as they will be prepared. Will you provide questonaire well before the exam? 

First just write a sweet letter calling your wife back to the matrimonial home by sending a registered post with acknowledgemnt due (RPAD) and keep the acknowledgement safe with you. Mention the date she left you in the letter. Dont put any allegations, just write a love letter.

Let her speak :-) and btw mention in the letter that you have sent some amount for her welfare. Accordingly a day before you send this letter you also send some amount thru money order and again dont forget to keep the acknowledgement.

Dont do anything in haste. time is on your side. use it.

Singha Rao (Engineer)     23 February 2013

Dear Satlker Sir,

   Thank you for your valuable suggestions. I amvery much agreed to your opinion...

I need some further help from you.. Please add me to my gmail ID, ramaaryan236@gmail.com and please give me your hand phone number at my gmail..

thank you..


(Guest)

Singha

Check your PM. Send me your contact details in PM message, I will contact you today.

Nandha (NIL)     23 February 2013

@singh,

 

The moment you send a registered letter with RPAD, your wife would get the hint that you are making grounds.  She may not accept the registered letter and will send it back. I am not sure it such non acceptance of letter will be in your favour to proceed for divorce.

 

 Meanwhile, she make up a good reason to stay away from you which will make your divorce case weak and you will have to fight for years including cases like maintenance, DV, 498A 

 

 

 


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