Legal Question in Family Law in

hi,im working in a pvt company,i got married in 2007.Its love cum arrange marriage.After 5 months my wife ha left the marital house.after that i have filed RCR.its been 2 years.they have replied to it with false allegations such as harrasments etc.meanwhile they have filed petition for interim allowance .till now they havenot shown any response for joining.I have kid of 18 months old under her custody.Now i don t have any hopes on her rejoing with me.Even i just want to get rid of this.i'm fed up with this court issues.I feel i have 3 options:-

1.Continue the same petition.

2.convert the same petition for divorce(if i apply for divorce what will be the proportion of maintainance to be paid).

3.withdraw RCR & wait for there move.

I'm ready to pay maintainance to my kid,but i'm not ready to pay anything to wife,She is also working in a pvt sector & earning.

i'm in great confusion.Dear Lawguru suggest me with proper solution.I have aged parents depended on me too.


Asked on 10/05/10, 12:39 am

1 Answer from Attorneys
Vishwa Arya Arya & Co.

Maintainance for Kid will be payable on her asking whether you withdraw RCR or not. She is not entitled to maintainanceat all if she is working. If you do not want to save the marriage or you think that the marriage cannot be saved then it will be good to withdraw it. You may then file a petition for divorce. Interim allowance can only, again, for kid and not for the wife as she is working.

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Answered on 10/05/10, 9:16 am


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