notit4tat (SoftwareEngineer) 13 December 2013

Maintanance after winning rcr

Dear experts,

My wife left me 2.5 yr back, I files RCR after 1.5 yr after she left me. But she not willing to come back and at the same time she does not want to give me divorce. Once I win the RCR, if I file divorce with her cruelty, desertion, Does she qualified for maintenance? as she only not joining me intentionally and at the same time she is working

Thanks

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2 Replies

Arvind Singh Chauhan (advocate) 13 December 2013

If the civil court has came to the finding that wife has living apart without any cause and still after the decree of RCR she is not ready to live with husband. She is not entitled for maintenance under sec 125 even she is not earning because, civil court's finding is binding on criminal court. But she may ask maintenance in Hindu maintenance and adoption Act.