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maxx (pvt service)     20 December 2013

Educated lazy wife, refuses to work

Hi Friends,

Want to know something, wife is BCOM, mcom and possibly MBA (i dont have the proof) she went away ffrom my place and filed RCR, and after that 125 and then DV, i also filed for divorce on baisis of mental cruelty(case is going on)

cases are going on. she won Rs 4000 in HMA 24 case, RCR is still going on, 125 is in appeal in high court, DV is going on (no order yet) 

she is at her mothers place and fighting RCR from there, she is at home doing nothing, she has 3 degrees, and i am paying Rs 4000 as interim maintainence. 

i want to know, as per previous judgements, highly educated wives have been refused maintainence. however, i am in a situation,

suppose i loose the RCR case, then in such a scenario, what will happen, inspite of she being highly educated, and capable to work, will i have to still pay her just because i lost the rcr case?

and will i have to pay a higher maintainence amount just because i lost the RCR case?

and will the loss of my RCR case automatically effect my divorce case?

will i also loose my divorce case on that basis (RCR)

request my Ld friends to please advice. thanks



Learning

 5 Replies

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     20 December 2013

Law is favor of your spouse, you must understand it first.

 

You must accept RCR and behave tactfully so you can avoid payment .

 

Divorce is not easy in present manner of your actions.

great india (manager)     20 December 2013

Thts the good advice and the right one too. Don't let her win rcr...as it is rcr is just a time consuming process and fight divorce on desertion along wiyh cruelty as she has moved out of matrimonial home

maxx (pvt service)     20 December 2013

i have faced enough hardships. constant denial of physical relations. abuse to parents from my wife. inspite of taking separate residence for her as per her demand, she disallowed me from visiting my parents. which i refused. she left home 1 year ago. and now filed RCR, then 125 then DV, how on earth can i stay with her tolerating her false accusations.

i want to know, inspite of all this, i happen to loose the RCR case, will there be any change in the maintainence amount which i am already paying? or will i have to pay more.

thanks

T. Kalaiselvan, Advocate (Advocate)     21 December 2013

If she has voluntarily abandoned her matrimonial home and now playing a drama by filing a case for restitution of conjugal rights, you may counter it properly, also to quote that you are ready to take her but at a place of your choice only and not as per her choice. If she wins her case, you have chances of losing your divorce case, but if she has filed number of cases against you, you can mention all of them citing your reasons for cruelty done by her against you, this will suffice your divorce case.  If she is winning the RCR case, where is the question of maintenance amount to her,you have to live with her instead.

fighting back (exec)     21 December 2013

But how can the court force to stay with her even if rcr case islost. courts cant force someone to forcefully stay with the other, thats where maintainence will come in picture.


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