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Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     21 November 2012

Rcr and maintenance.


If husband files RCR even though 2.5 years have elapsed since wife deserted the husband without reasonable cause.

Wife is working, still can she file maintenance and court allows maintenance when husband is ready to keep her despite desertion and cruelty by her. 


Please advise.

Tx and regards


 2 Replies

Tajobsindia (Senior Partner )     21 November 2012


1. Both have to prove respective facts. In the event if you win RCR then maint. cannot be granted but till that time both have to prove their facts. If she is shown to be working then under S. 24 and HAMA and also under DV and S. 125 CrPC she cannot get maintenance, yet her child from her previous marriage will get maintenance.

2. In civil S. 24 HMA “reasonable cause” is not taken infact desertion needs to be proved. In S. 18/20 HAMA   again reasonable cause is not taken. . In DV Act maint. cases again reasonable cause is not taken. Only under S. 125 CrPC reasonable cause is taken as material other than other grounds to get maintenance.

3. Bottom line out of your brief is that if you are genuinely interested in her return then stick to it without ipso facto and face eventual music. No point 100% safeguarding oneself with all security parameters erected under gender biased Laws of the land.
PS: It is always better to write complete facts with new threads as lots of replier donot know length and breadth of old veteran queriest here to make informed replies

ANAMIKA VICHARE (LAWYER)     25 November 2012

You have not stated the q of maintenance granted to her..You canfile DP on cruelty ground, if she is working and earning sufficient to maintain herself, she wont get maintenance

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