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gautam (not disclosed)     19 August 2013

Rcr

If husband and wife of 15 yrs are staying together but wife sleep in seperate room from last 18 months without getting intimate (not even holding hands) due to petty fights, can spouse file a RCR petition



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 7 Replies

Adv Archana Deshmukh (Practicing Advocate)     19 August 2013

It can be filed.

sandykrish (Interested in Family LAW)     19 August 2013

Hi Archana, If husband has filed RCR but wife is working in an MNC but has filed for HMA 24 and CRPC interim maintenance. I have the proof that she is working, the mobile postpaid connection bills being drlivered to the office address, I have employee ID, PAN details plus last year assessment details, LinkedIn profile page where she has updated where she is working her educational qualification as BE and Mtech. Will she be given maintenance in yhis case? Ps : she is earning close to about 80k and my earnings is 40k

Reformist !!! (Other)     19 August 2013

no she should not be given maintenance.....argue ur case properly, join weekly SiF meetings and also pls start new thread for the same. pls do not include ur stuff in this post.

List of judgements favoring such instances are on this link

https://www.lawyersclubindia.com/forum/details.asp?mod_id=86215&offset=1#.UgZg_pI3CqM

Reformist !!! (Other)     19 August 2013

Also u shall for perjury u/s 340 if u have so much proofs, but beware first let her lie on affidavit in court that she is not working and she needs maintenance.....Then only take this step of filing perjury......Deciding perjury will be the 1st step for court before deciding interim maintenance......She will be grabbed and surely will come to do compromise then


(Guest)

@ Author,

 

Yes RCR(sec-9 HMA) can be filed even she is residing in the same house but not fulfling her responsibilities of a wife i.e you have been debarred from your conjugal rights by her and hence without reason withdrawn from the society of other.

The burden of proof will lies on the shoulder of the person who has withdrawn from the society.

SRINIVASA PRASAD Warangal A.P (LEGAL PRACTIONER )     22 August 2013

@ author,

 

 Archana and Sufferer shared rightly.  The burden of proof will lies on your shoulder. ............... after 15 years.............   

gautam (not disclosed)     13 October 2013

did i understand correctly that i have to prove the same?

how does one prove such things?


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