Negotiable Instruments: Exhaustive Coverage by Adv Roma Bhagat. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

sanjeev pawar (service)     26 September 2012

In rcr by wife, does maintainaince start immediately

dear members,

kindly enlighten me on the following questions regarding rcr filed by wife.

I have applied for divocrce on grounds of cruelty, on denial of s*x by wife since very first day of marriage,  she has filed RCR on me after staying with her mother for last 6 months, claiming that it was me who was not staying with her when we were living separate. i want to ask is, now my first RCR date is coming, will the maintaince to wife start with the case in process since day 1,

also is the maintainaince amount higher than other options in HMA, especially in RCR cases by wife.

can  a one time settlement be done with wife in RCR cases,

what is the best method to follow in this RCR case, to make the wife see reality that i cannot and dont want to live with her, what is the best strategy to adopt to win a RCR case filed by wife, i dont want to ex partee it, and wish to contest the same.

Thanks and awaiting your kind replies


 5 Replies

Tajobsindia (Senior Partner )     26 September 2012

1. Your thread title question is not clear to me. You are asking “about maintenance in her RCR case matter”, but, first spell before us has she ever filed any S. 24 HMA applciation with her RCR and or as a matter of question to you even in your Divorce case ? If no then why think on thread tile lines and next openning paras is my view!

2. On your question on “one time settlement be done with wife”, I would suggest if you are using word "settlement" in relation to RCR then you have two options; first - make her change her stand and request her to re-join matrimony and for the same you will later have to withdraw as not pressed matter compromised between parties your divorce petition and her RCR will be dismissed as parties compromised and two - settlement also hints to matter proceeding for MCD between parties which means propose to her one time settlement money and convert your Divorce or her RCR into now that under Part One MCD petition with annexing parties executed settlement MoU and pray before concerned Court for grant of MCD to parties.

3. For your last large para question; what is the best method to follow in this RCR case, to make the wife see reality that i cannot and dont want to live with her, what is the best strategy to adopt to win a RCR case filed by wife, i dont want to ex partee it, and wish to contest the same”. Only one advise I can give that is you present your facts as in your divorce allegations and she presents hers in her RCR. The point here is luck; if she wins her RCR then she has power to execute RCR decree and pray for salary and/or property under your name attachment as relief and if you win your divorce matter first then her RCR will become infructuous and if she wins her RCR first then her advisor circle will not go for second honeymoon with you but for its execution on above hints which is the charm when metro wife files RCR i.e. not to live but to get property /salary suit execution. Here it all depends which party pushes its own case faster at the end of YES and NO judicial tunnel you both have presented before Court to sit on now.


rajiv_lodha (zz)     26 September 2012

U filed divorce 1st. Pray for her RCR case to merge with urs divorce case, shifting her RCR case to ur city.

Such prayer wil lie b4 HC if both the courts are in same stae OR in SC if states are different.

sanjeev pawar (service)     26 September 2012

dear sir @TAjobs, thank you very much for your informative reply, appreciate your detailed view on my question,  i have only recvd the RCR notice from court, and not section 24 notice, as far as my divorce petition is concerned, she has not yet submitted her response, only one date of my divorce proceeding has passed, she has not appeared, nor the court has received the acknowledgement or the baliff report,

Dear sir, request you to kindly shed some light on my query, if my salary is attached, what percentage will it be, and how long will it be attached, if i agree to pay the amount decided by the court as maintainence.

can my joint property be attached by court, i have a one bedroom flat jointly owned by me and my brother, the flat is bought on loan and the loan is still being repayed, my brother is repaying the loan, can this property be attached by the court, i have no other property in my name.

Thanks once again for your kind reply, request you to kindly guide me futher on the above query

Tajobsindia (Senior Partner )     27 September 2012

With respect to your understanding so far, to me you look too confused in-spite of receiving so many clear replies. However straight advise are as follows to your fresh query;

Civil matrimonial court procedures are time consuming n it is only in Law books it says 60 days, further maint.  never decided on day 1 and what you are apprehending may only happen in case there is a  default to pay by you that also if a Order exists and for that stage to come easily 2 years minimum relaxation both sides take it for granted.

First you don't know if any maintenance case she had filed r/w you don’t know under which code / act, second you donot know if she ever going to come and attend your divorce, third you are not sure if you want to go to her city to defend your say in her filed RCR and before trial progresses in either jurisdiction on respective cause titles how question of salary attachment and then how much would that be and property attachment and if joint with brother will be attached etc. cometh at this very stage both your cases shown to at ???? Once you answer this I may gladly tell you quantity and predicted formula your State generic apply and can also direct you to exact provision in Law which says what can be attached and what cannot be for maintenance payment to wife by a husband and beyond that Execution court has no power to look into.

If you cannot tell that to me now then kindly wait accept her maintenance application, read it, seek opinion, defend it by a reply, file reply to rejoinder,  argue the case against her needs / capabilities whatever and seek permission to file even a written argument for material records of the case and if even after that maintenance gets awarded then option for review is there then HC is also there if not then SC is also there and before all these how salary and property will get attached and when and how much are questioned Sir I fail to understand in this round robin Q n A between us!

Now, you in first post above yourself ask us how much to pay for settlement I replied you overlooked and asked same in round way! Sir have first clarity from your paid advocate how case progresses and then how review / appeal happens and then let us discuss last step which empties your pocket not in the very beginning is all that I want to say here politely.

Savvy !


sanjeev pawar (service)     27 September 2012

@ Tajobs...... Sir, thank you very much indeed. you have really cleared a lot of my doubts, i also appreciate the fact that you have put in an exhaustive expanation to my questions. my doubts are very much cleared now.

my case has not started as yet, no maintainaince order received from court too, i was only nervous about the provision of property/salary being attached, due to RCR on me, i am going to contest the RCR though, but now the picture is very clear to me,

Thanks once again sir.........

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register