silverster (engineer) 26 October 2013

Maintanence

Dear experts, Please help me on the following queries

1) My wife has not lived with me for the past two and half years and she is claiming for maintanence. Can i apply for divorce without giving any maintanence or loss from my side?

2) I'm planning to file an RCR and MC case is active now in the court. But no trial on MC happened so far.

-->If I file this RCR will the MC case be stopped until she completes the RCR case?

-->My golden ornaments are with her worth 15 soverigns. If in the RCR she declines to live with me - Will I be able to give a petition to the court to recover those jewels? Will court give direction to police to recover those jewels? Will RCR help in this regard?

3) My wife is over qualified and she can earn more than 4 lakhs per annum. She quoted this clearly in her petition - whether some amount be ordered as maintanence even after her quote in the petition?

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2 Replies

bhola nath saha (accounts officer) 26 October 2013

you can better go for rcr , as you are trying to bring her and she is avoiding she is not entitled to maintenance as she could easily maintain her and she is not living with u more than two years. you make a rcr expartee and produce before the court if she is not cooperating you.

you better see the recent judment of supreme court cases

T. Kalaiselvan, Advocate (Advocate) 29 October 2013

If your wife has not lived with you for more than two and half years, where is the question of maintenance ?, she did not bother you nor the maintenance amount all these days, then what made to claim it now? Instead of filing RCR you may file a divorce case on the grounds of desertion and non-cohabitation for more than two years. The RCR will signify that you are trying to avoid paying maintenance amount to her hence it may not be appropriate until you really have an intention to live with her and take her back with you. About her source of income, you should prove that she had been earning the said amount and is capable of earning even now etc., about your jewels with her, if you have not gifted her the same during the marriage but have only kept them under her custody, you may claim it back but I dont know how far the police will be able to effectively recover the same from her because she has not stolen the jewels from you so you cannot pressurise the police for such a recovery.