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sandeep (pvt service)     12 March 2016

If wife looses her own rcr, then is her 125 and also dismiss

hi experts, request your kind advise, my both lawyers are giving opposite replies, so wanted to ask in this forum, if wife looses her own RCR she had filed, if it is dismissed, then will her 125 also be dismissed?, as the judge has specifically mentioned in the question framed in the RCR judgement that :HAS the husband deserted the wife without any cause: NO  so automatically is it implied that since husband has not deserted wife but wife has left husband. so maintainence not to  be given

she has also filed a Domestic voilence case on me after that, will that also be affected?



 9 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     13 March 2016

Court can grant RCR or dismiss RCR petitiion, but cannot compel either party to live together.Force cannot be used to make UR wife live with U.Though she stays separately instead of join U,she can claim maintenance .As per law it is the duty of the husband to maintain his wife and children,till they are legally separated.


 
1 Like

sandeep (pvt service)     13 March 2016

thank you for your reply sainathji, however, what i wanted to specifically ask is, since her RCR is dimissed, then indirectly it is proven that she is the one who caused desertion, so on that basis, and relying on past judgements of SC, can i argue that 'a deserting wife (based on her RCR dimissal) cannot claim alimony.? ( i am relying on question framed in the judgement by the judge that : HAS the husband deserted the wife without any cause: NO   , is this line enough to prove her own desertion and therby defeat her maintainence cases?

saravanan s (legal advisor)     13 March 2016

If you have filed divorce under the grounds of desertion and won it in your favour then in that case your wife won't be entitled for maintenance. Whatever you are asking is applicable only for this scenario and not for the one you are asking

Srinivas   13 March 2016

I have  received summons from court on Friday 09.03.2016 and first appear in court is on 14.03.2016 under 498a and Section 3 and 4 of DP Act ?

  • what are primary things  to be followed in court  ?
  • what about for my both sisters,one is at her-in-law home and other sister is with me and is unmarried girl and we are planning younger sister marriage in April 2016 ?
  • Any problem for her after marriage ? please suggest in this regard ..
  • Under what act Memo/Charge sheet to be submitted to Hon'ble Court ?
  • how to remove two of my sisters name from the case ?
  • how to minimize her MC and what step to be followed ? plz guide me in all above steps....

Srinivas
08978582217

From Hyderabad

SAINATH DEVALLA (LEGAL CONSULTANT)     13 March 2016

Mr.Srinivas,

Post UR query in a new thread instead of intruding into this one.

sridher (system analyst)     13 March 2016

dear brother u r on last step on winning the case dont listen to any advocate.just beleive the judge and wait for judgement?

sridher (system analyst)     14 March 2016

wait for the judgement and file divorse that is best idea ok

 

Amrit (M.D.)     17 March 2016

RCR is related to cohabitating together as husband and wife and 125 in related to maintanence. Nowhere in law it says wife cannot claim maintanence if her RCR is dismissed, she is still entitled to it as maintainence of wife husband's responsibility. However if contest a divorce on the basis of desertion and fight it out chances of your  winning are more.

Amrit Singh

9891832595

Samir N (2HelpU) (Business)     17 March 2016

I disagree with some of the opinions given about but do so hesitatingly. It does not appear to be black-and-white case. I believe that if the wife refuses to stay with the husband and/or if the wife has created such circumstances that it is impossible for the husband to stay with her... DEPENDING ON THE CONTENT OF THE JUDGMENT YOU HAVE IN YOUR FAVOR, you can argue against providing her maintenance.  There may be judgments in your favor. Even if there are none, you seem to have a good case to argue against maintenance. So, you have nothing to lose by presenting your arguments. Even if you lose, you can file an appeal and may be create a new ground-breaking judgment in your favor! You certainly have good factual basis in your favor. I do not think that there is any Supreme Court judgment that says that wife is unconditionally entitled to maintenance.  


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