maintenance under RCR

Sir, no question of maintenance in case of grant of RCR decree from court. The purpose of RCR is to compel the spouse to join the other. It is the duty of the spouse to obey the order of court and so, no need of paying maintenance.

Mr Parekh,

The wife has left the house out of her own free will taking away all her stuffs and in the petition she has put all false allegations on her husband that he mentally tortured her for all 28 years, but the case is opposite.  She had the best of lfe with him visiting the best places in the world as they are NRIs/Green Card holder.  Now she does not want to come back and just wants his money and enjoy at her mother's place.  Whereas the husband at this age does not want to break this marriage.  She is ready to cohabitate but on condition that he keeps a big amount of FD in her sole name and a house that is why he is thinking of filing RCR.  Please advise

Dear Bharti, your friend can file RCR and court will definately grant decree in your friends name.

No doubt there is law now a days that if life left the house with her own sweet will then no maintenance, but in your friends case, i think judge will not consider that judgment coz of thier age and long marriage life and being NRI return. So during trial i think he has to pay maintenance but a little bit not much but also court will order RCR and then if she will not join then court will stop maintenance.

Good luck.

I think he is your father. any how good luck for your family.

Regards

Dear All,

Restitution of Conjugal Right (RCR) is to be understood in its proper legal meaning. Conjugal according             to Oxford Dictionary is related to matrimony. The structure of marriage is based on the pillars of trust, faith, love care and such other virtues. When the wife leaves the matrimonial home on the grounds of distrust, cruelty, carelessness on the part of husband, bad habits etc., it is not proper to grant RCR. If there is a child out of marriage then visitation rights may be granted but even that depends on the conduct of the husband and welfare consideration for the child. Even if RCR is granted the child may get maintenance if living with mother. Wife can also be granted maintenance during RCR case pendant lite. 

There is a cooling off period of one year after the petition for divorce and if the RCR order is not honoured by the wife continuously for two years, it becomes a ground for inference of complete breakdown of marriage and in that case divorce may be considered by the court. When the marriage is no more workable, what is the use of dragging it on?

Respected Valantine,

i respect your knowledge, but over here, both the parties live together for a long period and are old age.

So court will also consider all this and even if she did not come then court will not easily provide divorce,

coz as per law, after 7 years, cruelty cannot be ruled out easily.

Regards

Thanks Mr. Harsh/Mr. Grover,

Need urgent advise -  both of them are NRI - Green card holder, the husband's career in India has been ruined by wife's behaviour, he is already 55, belongs to specialised field of expertise (he was Head Line Maintenace in Aviation Industry with outstanding performance), now he is unable to get any job in India of his field due to age factor.  But he has a bright career in US as the retirement age over there is 75+, he holds the LPR, permanent residency in US and he has to stay in US to maintain his Green Card.  Just because of this case he is grounded in India.  He has filed application to dismiss this case in Indian Court because as per the recent HC judgement that Hindu Adoption and Maintenance case is not applicable to NRIs.  There are jobs waiting for him, in such case if he goes to US for taking up the job and stays there only what would be the consequence of this case in India which he has applied for dismissal.  PLEASE ADVISE