maintenance
siranjeet
(Querist) 24 December 2010
This query is : Resolved
when a man has RCR decree or ex parte RCR decree or RCR case is pending & wife apply for maintenance for herself as well as children . granting maintenance to her will be legally against RCR DECRRE as it will decrease the chances of reconcile so is it legally objectionable as i think RCR decree order IS FOR reunion but granting maintenance allow him to live seperately by court
can these order occur togather as these are against each other
Devajyoti Barman
(Expert) 24 December 2010
Prayer for maintenance never pre supposes separation as wife under the same roof is also not disentiled to seek maintenance if she could prove that the husband does not maintain her. So whether or not decree is passed in RCR it will have no bearing on maintenance. The supreme court has made it clear that even decree of divorce on the ground of desertion by wife is no hindrance to her right to maintenace.
siranjeet
(Querist) 24 December 2010
typing error in 2nd last line may read as
but granting maintenance to her means allow/ promote her to live seperately by helping her ecnomically by court.
can these order passed togather as these are against each other
siranjeet
(Querist) 24 December 2010
but it heard that no maintenance to wife who deserted her husdand without any reason or involved in adultery
BUT RCR DECREE is granted only when any spouse deserted other wihtout any cause
Devajyoti Barman
(Expert) 24 December 2010
I do not what you heard. I have replied the leal position in India on this topic.
yogesh
(Expert) 24 December 2010
Both can be filed in the same Court
You can think logically that children has no fault whether defaulter is made from either side
Wife is not entitled for much amount usually its around 1/5 of the income
But the Husband has the opprtunity to contest against the alimony before award made by any district court
yogesh
(Expert) 24 December 2010
yes, if the fault is made from wife then she is not entitled for maintance who has voluntarily deserted the husband
siranjeet
(Querist) 24 December 2010
if husband apply for execution of RCR DECREE if wife does not obey court order, court can tag her pay & property.but simultanously if she apply for maintenance then same court starts helping her ecnomically which are against each other.
s.subramanian
(Expert) 25 December 2010
Yes. You are right. When the wife does not obey the decree of RCR,then she cannot claim maintenance.
G. ARAVINTHAN
(Expert) 25 December 2010
RCR is an unexecutable decree
siranjeet
(Querist) 25 December 2010
sir i it is executable,if no compliance of decree, can take divore & even tag spose pay & property
siranjeet
(Querist) 25 December 2010
sir iam not satisfied with above answers
we have rcr decree & wife is not obeying that , she applied for maintenancefor herself as well as 2 children'& her pay is 25,000 & husband pay is 50,000/month
as we know she cannot take maintenance for herself WE ARE NOT INTERESTED IN GIVING MONEY TO HER IN NAME OF CHILDREN WE KNOW ONE WAY IS CUSTIDY OF CHILDREN
WE ASK U FOR NEW POINTS &NEW RULING WHICH OUR DISTRICT COURT ADVOCATES NOT KNOW FOR BETTER FIGHT AGAINST OUR CASES
NOW OUR QUERY
1)IS ANY benefit rcr decree in child maintenance
2) WHAT other points we incorporate column WELFARE OF CLIDREN to make our case more strong as one is ecnomic soundness
3)approximately what amount we have to pay as my pay is 50,000/month for both children
Guest
(Expert) 25 December 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09960223100, 09271971251
e.mail.advocatesawantnb@yahoo.com
e.mail.nandkumarbs@sify.com
KINDLY NOTE THAT.
1.RESTITUTION OF CONJUGAL RIGHTS DECREE IS IN FAVOUR OF HUSBAND
2.WIFE HAS FILED FOR MAINTAINENCE OF SELF AND CHILDREN.
3.KINDLY NOTE THAT YOU HAVE TO FILE AN APPLICATION FOR EXECUTION OF SAID DECREE.COURT WILL ISSUE NOTICE TO WIFE.,BUT KINDLY NOTE THAT AS HUSBAND AND WIFE ARE HUMAN BEING AND HENCE CAN NOT BE TIED TOGETHER BY ROPE OR LOCKING BOTH IN A HOUSE.COURT WILL TRY TO COMPROMISE THE MATTER BUT WIFE MAY TAKE DEFENCE ABOUT THREAT TO HER LIFE,COURT WILL DECIDE THE MATTER.
4.WIFE CAN CLAIM MAINTAINENCE UNDER SEC.125 OF CRIMINAL PROCEDURE CODE AND ALSO CAN FILE A CIVIL MATTER WHERE SHE CAN CLAIM MAINTAINENCE TO HER AND HER CHILDREN AS PER HER STANDARD OF LIVING AND COURT WILL CONSIDER BOTH HUSBAND AND WIFE AND ON THE BASIS OF DOCUMENTS AND EVIDENCE PLACED ON RECORD WILL DECIDE THE MATTER.
5.HUSBAND CAN TAKE DEFENCE THAT THOUGH HIS INCOME IS MORE ,HE HAS TO TAKE CARE OF OLD SICK PARENTS AND DEPENDENT UNMARRIED UNEMPLOYED BROTHERS AND SISTERS AND ALSO HAS TO REPAY HOUSING LOAN INSTALMENTS IF ANY SO THAT COURT WILL CONSIDER ALL FACTS AND ALSO TAKE IN TO CONSIDERATION INCOME OF WIFE WHILE DECIDING THE AMOUNT OF MAINTAINENCE.IT DEPENDS ON FACTS AND DOCUMENTS PLACED ON RECORD OF EACH CASE.
YOU MAY KINDLY SEND DETAILS FOR ANY FURTHER HELPL.GOOD LUCK.
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.GOOD LUCK.
