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help_divorce (SC)     23 October 2010

Interim Alimony

My estranged wife had filed a divorce petition and demanded interim and permanent alimomy. I do not want to give divorce and have been calling her back through relatives and friends. However she refused to come back and has filed for divorce under cruelty. I do not want to give her interim maintenance as I expect her to come back with my kid;. How can interim alimony be avoided?


 11 Replies

help_divorce (SC)     23 October 2010

I would also like to ask if filing RCR is of any use? My lawyer has suggested that we can reply to the divorce petition stating that we seek restitution of conjugal rights and separate filing of RCR petition is required



Dear help_divorce,



First File a RCR(The restitution of conjugal rights) petition as you don’t want to give divorce


The restitution of conjugal rights is one of the reliefs that are provided to the spouses in distress in the institution of marriage by law. Section 9 of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act) provides for the restitution of the conjugal rights. The section of the Act says:

“When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the District Court, for the restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly”.

EXPLANATION: Where a question arises whether there has been reasonable excuse for the withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.



How can interim alimony be avoided?


If you prove that she deserts you then she is not entitle for maintenance.


Criminal procedure code , 1973  section 125 said



(4)            No wife shall be entitled to receive an allowance from her husband under this section she is living in adultery, or if, without any sufficient reason, she refuses to live with her, husband, or if they are living separately by mutual consent.



help_divorce (SC)     23 October 2010

Dear Sir,

Is it required to file for RCR petition or is it sufficient if we reply to the divorce petition stating that I seek restitution of conjugal rights? My advocate has suggested that I reply to the divorce petition stating that I seek restoration of conjugal rights and no separate filing of RCR petition is required.


your adv is correct, put an application for the same.


My advise is  to file seperate filing of RCR petition.

Uma parameswaran (lawyer)     23 October 2010

File Seperate  RCR petition.

help_divorce (SC)     24 October 2010

Can more advocates please let me know whether it is better to file separate RCR petition?

chanakyam (Consultant)     24 October 2010

First file the RCR and get it numbered in the court as soon as possible and explain the same in the divorce counter saying that you filed RCR give the reference of the same.

Jamai Of Law (propra)     24 October 2010

What to mean by interim alimony

help_divorce (SC)     24 October 2010

I meant iterim maintenance

chanakyam (Consultant)     24 October 2010

Interim maintenance is nothing but, during the pendency or proceedings of the maintenance case a temporary maintenance is allowed till the disposal of the main case.

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