• File RCR and avoid maintenance or file for divorce

Dear sir,Namste
we are married according to HMA in september 2011 and till october 2012 we are fine but couldn't discover the attitude of mother in law(MIL) and my wife is highly and destructively influenced by mother in law.In 2012 i went abroad and at present iam in gulf after visa and job obligations of 8 months i brought my wife here.After which my MIL used to talk to her for 8 to 10 hours a day and use to intentionally pressurize her to get married again my wife once replied that this time the choice would be according to her wish, i have evidence of their conversation. they have used very bad language on me and my family.when i asked to stop all this my MIL forced her daughter to comeback India.After that one and half year now they filed for maintenance 125 crpc she is M.C.A graduate and about to complete B.Ed and has past working experience.I have written a letter requesting her to come back with all compromise to her but no reply.I have sufficient proof that she humiliated me and staying with me she and her mother planned for second marriage.Now i should file for RCR so that i can deny her maintenance and then file for divorce or its better to file for divorce.if i pay maintenance will it be deducted in alimony.Can a wife cheat husband like this and get maintenance  sitting idle at home inspite of being well qualified and harassing husband,please guide me.Thanking you
Asked 1 year ago in Family Law from Saudi Arabia
Religion: Hindu
1) working wife is not entitled to maintenance

2) gather evidence of her past working experience 

3) your wife must be filing income tax returns . it would be sufficient to show that she has been working and hence court would not award her maintenance 

4) it is better you file for divorce on grounds of mental cruelty

5) even if you get decree for RCR you cant force your wife  to stay with you 
Ajay Sethi
Advocate, Mumbai
23383 Answers
1229 Consultations
5.0 on 5.0
She cannot become eligible for maintenance for various reasons
For voluntarily abandoning the matrimonial home for the reasons known to her alone'
For not cohabitating for a period of more than two years due to desertion.
Well qualified but not opting for employment
Previously employed but suppressed the fact from court,
In  my opinion, RCR is a waste exercise, instead you can file divorce directly.
T Kalaiselvan
Advocate, Vellore
14161 Answers
128 Consultations
5.0 on 5.0
if you love your wife file RCR petition, if not file for divorce, her mother interfering in her daughters life is very common, don't let that affect your life.
as regards option 1 to file for RCR and avoid maintenance, during pendency of either of the petition, the wife can seek maintenance, after which the court will hear your objections and thereafter pass necessary orders on the petition. Take all necessary and relevant grounds to oppose the grant of alimony to her, the same might be considered by the court.
Kiran N. Murthy
Advocate, Bangalore
766 Answers
52 Consultations
5.0 on 5.0
1. By filing for RCR you will not be able to deny her maintenance. Maintenance can be denied only by contesting her case for maintenance which she has filed in the court. A substantive right, such as maintenance, can be enforced untrammelled of any other provision of law.

2. You can contest her claim to maintenance as she possesses sufficient educational qualifications to work and earn.

3. A wife who has not been the victim of any cruelty is not entitled to get maintenance.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
Madhya Pradesh High Court – Smt. Mamta Jaiswal vs Rajesh Jaiswal on 24 March, 2000 – Equivalent citations: 2000 (4) MPHT 457

“6. In view of this, the question arises as to in what way Section 24 of the Act has to be interpreted. Whether a spouse who has capacity of earning but chooses to remain idle, should be permitted to saddle other spouse with his or her expenditure ? Whether such spouse should be permitted to get pendente life alimony at higher rate from other spouse in such condition ? According to me, Section 24 has been enacted for the purpose of providing a monetary assistance to such spouse who is incapable of supporting himself or herself in spite of sincere efforts made by him or herself. A spouse who is well qualified to get the service immediately with less efforts is not expected to remain idle to squeeze out, to milk out the other spouse by relieving him of his or her own purse by a cut in the nature of pendente life alimony. The law does not expect the increasing number of such idle persons who by remaining in the arena of legal battles, try to squeeze out the adversory by implementing the provisions of law suitable to their purpose. In the present case Mamta Jaiswal is a well qualified woman possessing qualification like M. Sc. M.C. M.Ed. Till 1994 she was serving in Gulamnabi Azad Education College. It impliedly means that she was possessing sufficient experience. How such a lady can remain without service ? It really puts a big question which is to be answered by Mamta Jaiswal with sufficient congent and believable evidence by proving that in spite of sufficient efforts made by her, she was not able to get service and, therefore, she is unable to support herself. A lady who is fighting matrimonial petition filed for divorce, can not be permitted to sit idle and to put her burden on the husband for demanding pendente lite alimony from him during pendency of such matrimonial petition. Section 24 is not meant for creating an army of such idle persons who would be sitting idle waiting for a ‘dole’ to be awarded by her husband who has got a grievance against her and who has gone to the Court for seeking a relief against her. The case may be vice-versa also. If a husband well qualified, sufficient enough to earn, sits idle and puts his burden on the wife and waits for a ‘dole’ to be awarded by remaining entangled in litigation. That is also not permissible. The law does not help indolents as well idles so also does not want an army of self made lazy idles. Everyone has to earn for the purpose of maintenance of himself or herself, atleast, has to make sincere efforts in that direction. If this criteria is not applied, if this attitude is not adopted, there would be a tendency growing amongst such litigants to prolong such litigation and to milk out the adversory who happens to be a spouse, once dear but far away after an emerging of litigation. If such army is permitted to remain in existence, there would be no sincere efforts of amicable settlements because the lazy spouse would be very happy to fight and frustrate the efforts of amicable settlement because he would be reaping the money in the nature of pendente lite alimony, and would prefer to be happy in remaining idle and not bothering himself or herself for any activity to support and maintain himself or herself. That can not he treated to he aim, goal of Section 24. It is indirectly against healthyness of the society. It has enacted for needy persons who in spite of sincere efforts and sufficient efforts arc unable to support and maintain themselves and arc required to fight out the litigation jeopardising their hard earned income by toiling working hours”

 
Ajay Sethi
Advocate, Mumbai
23383 Answers
1229 Consultations
5.0 on 5.0
1. RCR is no ground to avoid maintenance. So there is no point in filing such case merely for avoidance of maintenance.
2. Education is no hurdle to claim maintenance by a wife sitting idle at home.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1. Contest the maintenance case fittingly,

2. Being  highly qualified, she is not entitled to any maintenance,

3. Filing RCR will be wastage of time,

4. File divorce suit on the ground of cruelty based on the evidence you have already collected so far.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1, Fine out of 4 years of married life, you two stayed together for only 2 years 5 moths,

2. Add her act of desertion also in your said divorce suit to be filed,
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0

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