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rajesh   22 June 2015

Wife refused to join in rcr hearing

Dear experts,

Please advise.

My wife pleaded to join me in 24 HMA application and now changed her mind to refuse to join me in the first RCR u/s 9 HMA hearing. Now she wants maintenance.

Is she entitled to get maintenance? No DV, 498a pending against me.

Can this be construed as a form of desertion on the part of wife? Can she be denied maintenance on the grounds of desertion.

Thank you




 3 Replies

fighting back (exec)     22 June 2015

who filed RCR?

aarjun vhajage (Lawyer)     22 June 2015

she has a right to get the maintenance

Adv. Chandrasekhar (Advocate)     22 June 2015

Interim maintenance will be decided only on the ground that she is indigent and has no source of her own income to survive without going into merits of the case that whether she has left your companionship without having a valid reason or not.  So do not mix up both these things.

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