Demerits of rcr

kewal (Querist) 22 May 2014 This query is : Resolved
Dear Sir,

Now I also agree with filing RCR is waste of time & money, but what actions is need to be taken when wife file DV, Cr. P. C. 125 & Private 498a. In my case my wife filed DV, Cr. P. C. 125 & Private 498a on me & my family members. I have also filed HMA Sec. 9. Now the family court orderd to pay maintenance of Rs. 1500/- Agst. HMA Sec. 24 was filed by my wife. Now my lawyers told me there is no need to pay maintenance as per HMA Sec.9 . If I don't pay maintenance the family court will dismiss the Sec. 9 case which was filed by me. Now I would like to ask, if Sec. 9 petition is dismissed, Can I file Divorce petition or not or what strategies needs to be followed by me. Kindly help me in my case.

Regards,

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Devajyoti Barman (Expert) 22 May 2014
Due to non-payment of alimony, the matrimonial proceeding gets stalled, not dismissed.
Moreover the court may order attachment of salary to recover the dues besides staying the further proceeding.
Now since the order is passed, even if you withdraw the RCR the maintenance order will remain in force.

However after withdrawal you can file divorce suit but in subsequent cause of action only.