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ABCD (HR Consultant)     20 October 2015

Rcr while replying interim maintenance

Dear Experts,

Please advise if RCR can be mentioned while WS against Interim Maintenace by wife.

She already ignored 4 notices of RCR.

Regards

ABCD



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 4 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     20 October 2015

U are saying wife ignored RCR,why do U want to mention in Interim maintenance WS? If U R wife does not respond to RCR no court can compel her to stay with U.

sandykrish (Interested in Family LAW)     21 October 2015

This is where an experience person advice come into picture, Sainath Sir in many cases, take the RCR notice while responding to WS and hand over to the opponent lawyer, this is as equal to serving the notice, definitely the judge will support you in this regard no harm, I have tried this and it worked.

Suneet Gupta (www.vashiadvocates.com)     21 October 2015

If the wife is not agreeing to the RCR, then the Court cannot force her to stay with you. You can file for Divorce on grounds of the wife not agreeing to the RCR order. However, interim maintenance is still payable by you to your wife.

Giving notice to the opposing lawyer or to your wife will not help you get away from the need to pay maintenance, but can reduce your final maintenance amount ordered at the time of Divorce.

SAINATH DEVALLA (LEGAL CONSULTANT)     21 October 2015

RCR by the husband always paves the way for the wife to file criminal cases.A wife who is staying away from the husband due to reasons known only to them will never join back.


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