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Muru (Technician)     02 October 2012

Need advice

Dear Sir/Mams

I have filed main petion as RCR against my wife as she has deserted from me for past one2 years. Wife has filed IA maintenance. Order has been passed that I have to pay maintenance. But this order was passed without any cross enquiry either me or wife. Finally they ask me either i have to pay arear amount or I have to get back my main Petition RCR.

I am not willing to live with my wife hereafter. But i want her herself should ask for devocre. In this situation can I let this case continue for few more years paying IA maintenance and go to abroad to work. If I go to abroad will there be any legal problems for me? I want to know what will happen If i go to abroad in this situation.

Kindly give me advice.

Thanks in advance.....


 4 Replies

DAULAT DILBAUG (Problems related to money marriage     02 October 2012

Even after divorce you have to pay almoney or maintainance.

If you have job overseas than there are solutions.

Adv.R.P.Chugh (Advocate/Legal Consultant (     02 October 2012

A Wife who deserts without justified/reasonable excuse is not entitled to maintenance. IF you make an offer seeking her to live with you, she'll have to justify her living apart in order to suceed for maintenance. THe interim order passed can be challenged in the higher court by preferring a revision. 


If you go abroad without any plans of coming to India back, and if you don't hold assets in India, your wife would have major issues trying to even reach you, leave alone getting hte orders executed. 

Muru (Technician)     02 October 2012

Could you please advice me that what are the legal steps, which wont affect me in future, I have to take if i want to work in foreign when case is going on here in india.

DAULAT DILBAUG (Problems related to money marriage     02 October 2012

Laws are tilted in faour of woman so take care.

A recent judgment of the DELHI HIGH COURT in respect of mainance far an abandoned spouse.

Attached File : 274142293 delhi hc dv act 2011.pdf downloaded: 40 times

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