Ramkumar (Software) 12 April 2011

Maintenance & Conjugal rights

My wife has applied for maintenance under Cr P.C Section 125 and also applied for Restitution of Conjugal rights under Sec 9 of Hindu marriage act - 1955. Advise me as how should i handle this.

We already have 2 kids and i see this as a uncomfortable position as i dont want to be away from my kids. My wife does not really understand the scheme of things and has gone overboard with some ill-advices by her parents.

Thanks

Ramkumar

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2 Replies

adv. rajeev ( rajoo ) (practicing advocate) 13 April 2011

in the RCR case you submit before the court that you are ready to take your wife and kids right now only. Court will advise her to to do so.

Ramkumar (Software) 13 April 2011

Recently i was advised by one advocate, that i better send a letter to her advocate and copy that letter to Bench court saying that am ready to either pay maintenance or go on with conjugal rights. This will put them in a fix. I am not sure if this is a right approach.

I actually see my wife going mostly money minded, but for the sake of the kids i want the relationship to be united. However on the other side am not sure whether the relationship will stand till last.

If at all she seeks maintenance only; i think she should apply for divorce. What is the general procedure behind a wife getting maintenance and if at all the court awards maintenance, what would be the next steps towards the same. To be more precise; i hear somebody telling execution petition is related to that. Kindly tell me more on this.

Thanks

Ramkumar