Which case should i file ???

Ask yourself - if you still want to live with her - go for S.9 - if the marriage tie is broken - go for divorce. Don't go for S.9 just because some lawyer tells you it will help in 498A Case - it's a myth proven to be incorrect. 

Feel Free to talk !

Case under Sec 13 for divorce may not have an adverse effect on the case filed by my wife under Sec 125?

If you do not wish to live with your wife,do not file RCR,it is a useless tool,which most of the time backfires.

File for divorce.

In crpc 125 maintenance is determined according to financial condition of husband & wife.

Any Divorce/RCR cases pending hardly matter in award of maintenance.

Dear Querist I am not agree with my Ld. Friends/the experts in this matter according to me RCR is the best tool for show your intention to save your marriage, secondly if the wife file any case for maintenance you can file an application before the court and approach the court that you want to live with her, without deciding this application the court can not passed any order against husband, thirdly when the RCR Decree will be passed and the wife is not ready to live with husband without any reason the maintenance case may be dismiss & the husband get a strong point or ground to file divorce case against her in this regards. Feel free to call

If you do not wish to live with your wife,you should not file for RCR.

1.Till RCR decree in your favour,which may take years,it is not assumed that wife is living apart without any reason.she files WS that she is living apart due to cruelty from you.This enables her to get interim maintenance in HMA-24/CRPC-125/DV-20.

2.It does not save you from false 498a or it does not help in 498a Trial/Quash.

3.It indicates that you wish to take her back,it hampers your chances of getting Divorce on cruelty grounds in future as it indicates that you had condoned the cruelty done by her.

4.If During RCR proceedings or after RCR Decree, wife agrees to live with you against your wishes,you cannot deny the same or put unreasonable conditions,else your false intentions will be revealed.

Filling RCR only helps when after 1 year of completion of RCR decree & attempts for execution,you can get divorce under HMA-13-1A .

First you have to decide what do you want wether you want to live with your wife or you want divorce .As she has filed 498 a i presume you are looking for divorce . Hence do not file RCR . Secondly is your wife working and do youll have children . If she is working and her means are sufficient you dont have to pay her maintanence .But if you have a child than you would have to pay maintanence for the child till she is 18 yrs . Alternatively if you get custody of the child than she wont get any maintanence at all.