Divorce case if RCR is not followed: Is there a need to pay maintenance
A and B are married, A is the wife and B is the husband.
Both A and B are working and earning income, and they do not have any children.
Hello, the case deals with two branches -
1. Divorce-cum-maintenance cased filed by A
2. Restitution of Conjugal Rights filed by B
1. "A" filed a case on grounds of cruelty - s.13(1)(ia) of the Hindu Marriage Act against "B" on 02/09/20XX, and no conclusion was reached even after mediation and conciliation proceedings. The case has been going on for 2 years, and is pending. Interim maintenance of Rs. 5000 is prayed for, no conclusion reached on that regard.
2. "B" filed for restitution of conjugal rights on 13/10/2020, but even after all attempts by the Court, there was no response from "A"'s end. Thus, the decision was passed ex-parte, in favor of "B".
"A" has not acknowledged the RCR, which directs "A" to return to the matrimonial home three months from the date of judgment (It has been 2 months as of now)
Is it possible for "B" to apply for divorce without maintenance?
AND
What is the next best step to be taken