• Divorce case - petition for maintenance and continually rights

Divorce case is filed by husband. When it is pending wife has filed petition under Section 9 and section 18of hindu Marriage Act.  Whether she can claim Maintainance when  she filed petition for restitution of conjugal rights. What is the effect if section 9 is failed. Please advise me.
Asked 3 months ago in Family Law from HYDERABAD, Andhra Pradesh
Religion: Hindu
If she wants then she can, but because she filed RCR petition before court to live with you so her case will be weak.

She can claim maintenance from you if she is unable to maintain herself under section 125 Cr.P.C. or under section 24 of HMA or in section 20 of D.V Act.


If section 9 failed then you can get divorce easily.

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Nadeem Qureshi
Advocate, New Delhi
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1. Wife is entitled to maintenance in divorce suit as well in suit for restitution of conjugal rights.
2. Though after filing RCR the wife can file case u/s 498A but after this her suit u/s 9 becomes diluted.
3. She can file case under DVC alos but again her RCR becomes meritless.
Devajyoti Barman
Advocate, Kolkata
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54 Consultations
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1. She can claim maintenance even when she files RCR. If section 9 eventually fails the maintenance awarded by the court cannot  continue.

2. Filing of RCR does not preclude her from filing a criminal complaint under 498A and DV Act as every case is to proceed in its own sphere.
Ashish Davessar
Advocate, Jaipur
18151 Answers
448 Consultations
5.0 on 5.0
1) wife can claim maintenance in the restitution of conjugal rights case filed by her 

2) court will club both the petition together 

3) even if RCR case is dismissed husband would not  get divorce unless allegations made by him in divorce petition is proved 
Ajay Sethi
Advocate, Mumbai
23267 Answers
1219 Consultations
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wife can file  complaint under section 498A / DV case against husband 
Ajay Sethi
Advocate, Mumbai
23267 Answers
1219 Consultations
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there is no bar to  wife filing 498A/ DV case mere ly because RCR case is filed 
Ajay Sethi
Advocate, Mumbai
23267 Answers
1219 Consultations
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if she filed petition under section 9 subsequent to the filing of divorce case then you should contest it on the ground that it is filed with a view to frustrate the justice. it is an abuse of process of law. then court can dismissed her petition and order her to take such plea in the same divorce suit and all the issues shall be decided by the court simultaneously. 
Shivendra Pratap Singh
Advocate, Lucknow
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41 Consultations
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she can file criminal case under section 498 A at any time and it does not matter that any divorce petition is still pending. both are different case and arised from different cause of action. nature of the case is different. but you can take plea in 498 A case that it is false case and filed for causing harassment. if she fails to prove her case under sec 498 A then you can easily get divorce and no need to gice maintenance because in k. srinivas case the supreme court has decided that filing of false case against the husband renders the wife ineligible for maintenance, 
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
4.9 on 5.0
Divorce case is filed by husband. When it is pending wife has filed petition under Section 9 and section 18of hindu Marriage Act.  Whether she can claim Maintainance when  she filed petition for restitution of conjugal rights. What is the effect if section 9 is failed. Please advise me.

Restitution of conjugal rights is one relief and the interim maintenance is another relief she seeks from you through court, there is no legal infirmity in it.   It is maintainable. 
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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When wife has filed petition under Section 9 for conjugal rights whether she can file a case under Section 498A and case under DVC.

Yes.  She can very well seek legal action to redress her grievances and also justice for the cruelty meted out to her under the referred sections of law. 
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
5.0 on 5.0
When wife has  filed petition under Section 9 and section 18 and when they are pending whether she can file any case under Section 498A and case under DVC or any other criminal case against her husband and his family members.

There are provisions in law favoring women  under different headings and acts.  She is cleverly utilising all the provisions of law available in the country to take revenge on you and your parents to satisfy her ego and sadist thoughts. 

You can challenge them properly during trial proceedings with the help of a prudent and skilled lawyer. 
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
5.0 on 5.0

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