RCR case by husband

You application for child maintenance will get you not more than R5000/- pm. The residency order can only be passed under PWDV Act, 2005 if you filled petition under that Act for domestic violence against the husband, you can get amount for residence from him but that too will be very nominal as you are working lady. RCR may or may not be decided in his favor it all depends on evidence of both side the Family Court decide. The Divorce is not so easy to get unless both parties agree for divorce by mutual consent.

Answer-1: You can press for shared parenting, in this the father and mother both have to bear the child's expenses equally. 

Answer-2: Yes, you can ask for maintenance for the child as it is his duty to maintain his child.

Answer-3: Yes, In two scenario he can file divorce , first when he will win his RCR case and you will not join his company, and the second case he can withdraw his RCR case and can file Divorce case.  Keep fighting on merits, Don't make contradictory statements,  that's the only preventions you can take 

Thanks,

Regards,

Aman Chawla

There is nothing called as residency order in the PWDVA 2005.  I do not concur with the above advice given to you.

As per Law you will get not more than 1/3rd of your husbands salary as alimony.  Which will be 16666 or roughly 17 thousand per month if you show to court his salary slip or bank account statement.

If he has any property and has any income from it same 1/3rd will apply.

Your child is not a blessing but a headache for entire family on your side and his side including headache to you both for life-time.

Kid wont get any alimony as you are working and educated woman and you will have to feed it.

If you are getting alimony through court which is 15 to 17 thousand you wont get alimony for child.

If you ask alimony for child you wont get money for yourself as you are working woman.

Only one alimony will be allowed. Not two. and it can not go beyond 15000.

The above calculation of above repiler is also correct.  Kid wont need more than 5000 per month towards expenses.  You are educated woman hence you wont get any alimony.

Your husband filed RCR means your marriage is over.  You better think about what to do with yourself and the kid.  You want to keep the child or give away to the husband and find someone suitable and remarry? I will tell your future lives how it will be  from this line onward:

Some time later your husband will file custody case and visitation rights case.  The court will order some alimony for the child.  You if not satisfied with 5000 will have to go to High Court and find another advocate.  Child custody case will go on till 18 years of age. Visitation case will run parallel like marathon.  You wont show child, he wants to see child. his parents file vistitatoin rights case, all of you will roam to court for next 18 years.

Fed up you will file some false case and 18 years later will be running for cover as filing false case is crime and punishable upto 8 years in jail.

Now if you are ready for divorce take it and find someone else immediately, rid of the baby by giving it to the father.  He will look after it.  You go for visitation rights and meet kid once in a while. You find someone else and remarry. WIth kid nobody will marry you, chances are bleak, only some leftover guy whose past is bad will want to marry a woman with a kid. 

So your options are only this much divorce and find someone else and remarry or simply go to court and add this as a part of routine in your life.

Getting aliimony is not easy. The 5000 rupees is not in ATM that you go collect every month.  By the time it reaches your hand it will be 1000 rupees, after deducting your own expenses and advocate fee etc.in getting the 5000.

Originally posted by : Aman chawla
	Answer-1: You can press for shared parenting, in this the father and mother both have to bear the child's expenses equally.  Answer-2: Yes, you can ask for maintenance for the child as it is his duty to maintain his child. Answer-3: Yes, In two scenario he can file divorce , first when he will win his RCR case and you will not join his company, and the second case he can withdraw his RCR case and can file Divorce case.  Keep fighting on merits, Don't make contradictory statements,  that's the only preventions you can take  Thanks, Regards, Aman Chawla

This advice is misleading.  There is nothing called as shared parenting in Law in India. You are not on equal terms and sharing baby is not like sharing a room.  These things never work.  These things only will be on paper. What he will tell you wont agree.  What you will tell he wont agree.  If you were in agreeable terms to each other they why would your husband file RCR? He filed RCR because you left your husbands house and came and now dont want to go back. Every third woman is like this only.  Get pregnant, go and sit in fathers house and then dictate terms.

What you sown that only you will reap. Your family will eat that only.

Originally posted by : prerna dani
	Thank you all for your responses.Dear Sunny Sir, I didn't leave his house.. He and his parents threw me out of his house bcoz of money, car, salary and fixed deposits.. I want to go back to him bcoz I love him.. He did it under the pressure of his parents and relatives.. Any way out to save marriage?? I don't want divorce

Marriage is administered by Personal laws which administer the terms like divorce, maintenance, custody and restitution of conjugal rights.

Conjugal Rights mean Right to stay together.

Hindu Marriage Act, 1955 (Section 9) says If either the husband or the wife, without reasonable excuses, withdraws from the society of the other, the aggrieved party may approach the Court for restitution of conjugal rights.

Section 9 is to save marriage.

The term Conjugal Rights could be placed against any of the spouses guilty of staying away from the other party without a proper reason. If the suit succeeds then the couple would be needed to stay together.

The decree of restitution of conjugal rights cannot be actioned by forcefully making the party who has gone away from the society from the other party to live with the one who sets petition for restitution.

There are three important requisites to be fulfilled for Section 9 

Spouses must not be staying together.

Withdrawal of a party from the other must have no reasonable ground for such withdrawal.

The aggrieved party must apply for restitution of conjugal rights.

Basis on which petition for Restitution of Conjugal Rights can be rejected

If the respondent is capable of claiming any matrimonial relief.

If the petitioner accepts that he has committed any matrimonial misconduct.

If the petitioner’s action makes it impossible for the respondent to stay with him.

Onus under Section 9 of Hindu Marriage Act

Primarily, the petitioner has the burden to prove that the respondent has left him. When the petitioner successfully proves this, the burden shifts to the respondent to prove there is a reasonable ground to support as to why the respondent went away from the petitioner’s society.

Where to complaint on this?

In the Civil Court in whose jurisdiction –

The parties’ marriage was performed.

The husband and wife stay together.

The husband and wife last stayed.

What the aggrieved party can do?

The aggrieved party can file a petition in the district court. When the court gets satisfied with the aggrieved party’s contentions and when the court finds no reason as to why the aggrieved’s application should not be supported, the court may decree restitution of conjugal rights in the aggrieved party’s favor.

What can be the next step?

The decree of restitution of conjugal rights will be actioned according to the Civil Procedure Code, 1908.

The aggrieved party can approach the High Court challenging the lower court’s decision.

During this period whether the wife can ask for maintenance?

Yes; the wife can claim maintenance under Section 25 of Hindu Marriage Act. This decree, if not obeyed, the court will attach the judgment-debtor’s properties. Further, if this decree is not observed for a time frame of more than a year, after the decree date then the divorce ground is created.

In India, Marriage is considered as a most sacred ceremony. Parties to marriage carry loads of hopes and dreams relating to their life after marriage and their happiness. But many times things don’t work out as thought and thus parties find disagreements and quarrels between them, making them decide to go for divorce. When one of the spouses feels that there was nothing wrong but just some silly matters that spouse files an application for Restitution of Conjugal Rights in order to start a new start.

The aid of Restitution of Conjugal Rights necessities both marriage parties to live together and cohabit. But this measure has also been misused many times, disturbing the Right to Life, Right to Privacy and the Right to Equality and therefore Unconstitutional.

Many people use this measure to threaten their spouse so that their spouse will take their case back or will agree to accept the unacceptable monetary losses.

This is a highly debatable subject. Some feel it is to preserve the marriage while some say that there is no meaning in forcing the other party to stay with the aggrieved party as they are not at all interested. It is very important to note that this remedy is not being misused.

Whether he threw you out. or you came out on yourself is another debate which wont yeild any result.  Fact is you are not with your husband and your husband is calling you back through RCR section 9 case.

If he is calling you back, why dont you go back to him? I bet you wont go, you will have list of commands that your husband and his parents should follow which will never be acceptable to him or his parents.  The RCR case will continue and eventually divorce will be granted.

Any chance of saving marriage would be done before you or your husband approached court.  Courts can give only divorce and never can unite any husband and wife.  Going to husband and trying to convince him to continue with marriage wont work, his ego wont let it, your ego wont let you go and ask for re-union.

But as your husband has already filed Section 9 case on you.  Your marriage will come to an end sooner or later.  Whether you wish to continue this marriage or not is immaterial.  Section 9 has been designed in such a manner that whether wife files it or husband files it, it will ensure only one thing which is separation legally by court giving decree of divorce.

As I have already told you what is going to happen.  You have to be very calculative in terms of your future.  Not in terms of wanting to gain alimony or property from husband but securing yourself a husband so that your old age will be socially fit one.

You have to think very seriously now.  Your parents and friends  wont be of help here.  What you want 30 years from now, you have to decide today.  Based on your actions today, your future will be 30 years later.

My suggestion is if you are beautiful woman you can get another man, provided you are still in reproductible age group of less than 35 years.   Because men who are divorcees wont marry simply someone who cant produce kids, they would have burnt their fingers and would want to settle with having wife and getting kids out of that wife.