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Rcr and maintanance procedure

Husband filed RCR, wife filed maintenance showing reasons.

In such case, husband is ready to give maintenance without any arguments ?

In this case, will lead to divorce with wife?

please answer .

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3 Replies

Satya nand aggarwal (Advocate) 29 May 2014

Both the cases got nothing to do with Divorce.

Adv k . mahesh (advocate) 29 May 2014

it does not lead to divorce

G. Y. Sharma (Advocate) 01 June 2014

Dear Questioner,

Apart from the view taken by my learned friends supra, I wish to inform you that as per Sec. 13 (1) [1-A] (ii) of The Hindu Marriage Act, 1955 either party to the marriage can present an Application for Divorce on the ground that there has been no Restitution of Conjugal Rights as between the parties to marriage for a period of one year or upwards after the passing of a decree of Restitution of Conjugal Rights in a proceeding to which they were parties.

Hope you will understand the purport of preferring a proceeding by the husband for Restitution of Conjugal Rights.

Truly Yours,

G. YADAGIRI SHARMA,

M. Com., LL.M.,

G. AMRUTHA KUMARI,

M. Com., LL.M.,

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