Fate of Interim Orders if Restitution of Conjugal Rights

She has asked the counter claim as divorce as W.S for my main petition, If she claims divorce she need to file a fresh Divorce case hope i am right here?

Also when the dicorce case starts i beleive they need to prove all the allegations (false and very insulting) to stand there petition and also can we rechallenge the order or review the order then .

The cause for such allegations is we sent a notice without any allegations to come and leave happily with me for the same lawyer notice she replied as to claiming 25000 per month maintainence without the answer thst she comes or not putting thousands of unbelievable and false allegations which cannot be proved at all.

Sir , can any one please guide me , as i am a software professional this is causing me to loose my mental piece and lot many leaves to be taken and unable to concentrate on my work  and we have no childrens and she is a Highly qualified Engineer(B.E in computers) , what about my old parents and studying brothers as i am the elder in the house and its my responsibility to look after them and also my wife. I see here my wife needs only money  from my end nothing else.

As wife has made a counterclaim in addition to defense to RCR, case would continue even if you withdraw your plea of RCR (hence there is no point in withdrawing the RCR)

Interim maintenance and travel costs are made in view of application in case proceedings of "claim and counterclaim" being heard together.

Wife's plea is liable to be transposed.

At the max, You may ask file revision based on changed circumstances etc, else it will continue until case adjudicated (i.e. claim and counterclaim are heard on merits and case gets either disposed off or gets dismissed etc ).  Case would be adjudged taking both side's pleas simultaneously. There would be only one verdict for both's plea.

Withdrawl of RCR would suggest adversely to your intensions and genuinity and makes wife's case stronger.  It is a also material sign of  'breakdown of marriage' indirectly. 

You unnecessarily went to HC. At least you have the right to begin in the case. At least you could finish your part quickly.

In RCR proceeding, burden is on the respondent (wife in your case) to prove the reasons for her to live apart.

Wife does not need to file fresh suit (read sec 23A of HMA as well as CPC)

Also she has filed the counterclaim of divorce before you could withdraw the RCR plea.

Hence both would be adjudicated simultaneously.

Actually you were supposed to file replication/rejoinder to her plea of 'counterclaim'. Have you filed any request to court for leave to submit replication/rejoinder ? Firsst do that on priority.

Replication/rejoinder is nothing but your WS to her counterclaim plea of divorce. You need to get permission (it is granted)

OR else, her allegation would be deemed admited by you!

Beware of these legla provisions.

what if i get defaulted as my lawyer stated , will the case gets dismissed as i went for RCR

You need not lose mental peace, At max assume that you were slapped a salary cut due to natural calamity'

It better to continue job with (some hafta to wife) than losing the job and peace of mind. IF you look at it casually your wife would get dejected.

Nobody likes a free money for a long. Gradually she is going to lose the sympathy that she carries now and then it may be tough for her to cope (remember she isn't getting it all, a share goes to her lawyer for each hearing date and travel exercsion)

After a few years, 20k would be less and its not easy for wife to upgrade the amount.

Better check you lawyer's sincerity also with regard to your case!! (just to be on the safe side)

Yes we have replied to her counter claim and my lawyer states that to do not attend the case and it gets dismissed.

I am not sure how does it get dismissed  and what about the order if that is so i am feeling that i am cheating my wife asking her to join me and not at all attending the court after prder of Transport and Interim maintenance.

I am quite confused here, please any one can advise here

As your wife has filed counterclaim it is a logical another suit being clubbed as a cross claim.

So you are respondent to wife's divorce plea as well.

If respondent fails to pay maint, respondent's defense is liable to be struck off and wife may win divorce.

You have no option but to fight your case and if you want to save from alimony then you need to prove guilt of wife.

Guilty wife is not entitled for alimony.

Trade off may be to keep paying maint, but win the RCR and escape alimony.

The interim maintenance is supposed to come till now for 16 months as 3,20,000 Rs , since i have House EMI,Site EMI,Perosnal Loans and Parents and Brother's maintenance i have not saved 20000 rs per month.Then how can i pay this money all together now. Will these be not taken into account?

I have only 50000 rs in my account, if i am unable to pay what would be the consequences , are they going to Execution Act ?.....This is very much worrying.

Your absence without a cause acceptable to court may go against you (if remained absent continuously from more than 3 hearings and after reminders/summons orders from court ). Court may also slap costs for adjournments and delays etc.

Court gives ample opportunities to defaulters/absent party. But it may keep adding up to your maintenance arrears which not escapable.

But it all depends how wife's lawyer is aggresive. 

You already know that once order is passed, what ordeal one goes.

In your absence, if court goes ahead to award divorce as well as alimony of 1 crore , let's say (offcourse, if she proves that her conjugal life was vagrant and proves your financial opulance in court) where would you be?

Probably your lawyer 'set you up' in this scenrios!!

That's why, day by day you seem going towards compromising situations and at a threshold to buy peace and settle the matter instead of any additional damage. your opponent seems to be playing well and anticipating you correctly.

Never mind! it happens to women also!!!     if their lawyers are managed by husband's lawyer. Wives are even grave demoralised state that thye are loser as wel cheated and wronged.

Sir, can you reply  for rest of my queries

Welcome ld. Prabhakar after a mini gap on Family Law board !


Missed hearing your views for some time,,,,,,,,,,,,,, 

However, for the author the legal advise as per Law are as follows;


1. Once the case is withdrawn by you the amount accrued upto that date (means date of filing of your withdrawal of case Application) first needs to be settled to effect withdrawn as dismissed Order in such situations. It also implies that you can take a plea of rights by hiding some wrongs  which further means you have rights to withdraw any application as its Applicant but under maint. (interim) Laws you need ot settle the award amount till that date first.


2. Ld. Prabhakar did say partial right suggestion insofar as previewed she can always ask for moon (in this case Divorce) later on but there is something called res-judicta and your "change in circumstances" also whose advantage you can take off while filing ‘preliminary objections’ to her Divorce application read with maint. if she showcases earlier dismissed as withdrawn int. maint award order true copy this time.


3. My pure suggestion when such technicalities arise in Indian men’s life is why chase Divorce let her have it even if she files one now or later. It is her case "ler her press her evidences on which ever Section she has filed it for" You may ask, now what will happen if not contested by you? It will be ex Party with passage of non appearance time by you. Now as ld. Prabhakar says she will get maint. based on earlier case award I say based on what income - earlier maint. income I say NO because it is barred under res-judicta first of all. Second you know better if she can establish cruelties / desertion and other ground under her divorce suit or not and what about quality of evidences - can they sustain a ex party proceedings NO because it is not considered it is simply awarded as not heard the other side during ex Party proceedings. Let her frame this decree in her drawing room. You come under 90 days of its appeal once awarded and challenge the same when she tries to Execute the int. award what ever ex Party awarded to her and by that time there shall be lots of 'change in circumstances in you too" so what she can get a ex party decree and some int. award on maint. both ex party which can always be challenged and this second time you will gain knowledge of last times lacunas and act smartly is my generic view so ld. Prabhakar’s  generic suggestion does not stand in this case is my reasoning colly. 

@ Author / Damayanti

In this second reply I after reading all replies of Damayanti is making my law points for follow up;


1. Considering in provided briefs (I am taking 1^st. one only of authors) clubbing all replies till now of Damayanti – suppose wife has filed a counter claim U/s 23 A HMA to your RCR cries then the Main case is yours not hers as made out t4ricfkly by Damayanti !
Reasoning:  You filed RCR first. Against which she files S. 24 HMA for pendentelite maint. She got some award (interim) till case is there on the floor – whose case my dear friend YOURS not hers i.e. any of her counter claims. Under standi this first.


2. Once you make up your mind what you want RCR or Divorce right now as you filed RCR which no one on Earth can ever execute if contested or un contested and you see the result of your RCR filing is that she files a counter claim that instead of going back to your home she is saying Tata Tata - bye bye ! So what you do under such realities – Your simply meet by begging / borrowing / loan from Institutions (arrange that means) 3.2 L and pay in lumpsum that amount with an Application for Withdrawal of RCR. Her counter claim now becomes ‘INFRUCTIOUS” No court can grant this time a Divorce relief to her believe me once you pay all arrears with Appplication for wthrawing case nor any adverse effect order may be written as it is a litigants pure choice. On the que. of COST imposing - why a cost can be imposed tell me if a litigant wants ot withdraw that also by anyhow meeting all arrears!!!!.


3. The hiccup here is arranging 3.2 L you have to do that  because now court is bound to press you first to clear all arrears (pilled up) and subsequent per months accumulating so now you are trapped under your own RCR plea ! You see one side you are getting strokes thinking from where to pay till date accumulated 3.2 L and other side you know she has told you and Court NO WAY I am not going to him but give me divorce so she will not file anything more in HMA like witness list / evidences till all arrears met to her. So common man’s gyan says beg / borrow / take on loan this 3.2 L and withdraw the case ASAP. You have no other option right now given to understand your other liabilities which are more killing than giving this much to a already parted wife who does not wish to come back to matrimonial home (she may have reasons which I am not touching and aI am also not touching what was so compelling reason in your stance on RCR as these are besides the point).


4. In future let her file whatever she has capacity of by this 3.2 L you are forced to pay through your bleeding noose. And on the go you learnt the real Family Law reality lesson on what to file RCR or Divorce on first go which I will say is worth every penny given to her.

I have covered all your and Damayanti’s posts / replies till now. Any que. you have post this and my first reply post shoot I will help further (three mails in one post is my self limitations remember that).


All the best.