Legal Question in Family Law in India
Mine is Love Marriage.Iam from Scheduled Caste and the girl is from a forward caste.We had the affair of 10 yrs before marriage from my Engineering studies.Asusual,Her Parents objected for our marriage.One fine day we got married with out her parents consent.We stayed for 40 days together and she left my house listening to her parents.She used to stay with her parents and meet me secretly.One fine day,they filed 498 case against me.After my bail,i filed for RCR with all evidences of my Love marrige and a letter from her stating that she is not willing for divorce which she has written me a while back.She filed a counter to RCR saying she is not willing for reconcilation and filed for maintaince.Now Maintaincance case is in Enquiry stage.
I would like to know,
1.Whether she will be entitled for Maintainance,as i have filed for RCR?Also,she is working now...
2.What would be further procedure/steps in Maintainance and RCR?
3.What would be impact of 498a in case of Love marriage,as i have not taken any dowry?
1 Answer from Attorneys
1. She can file for maintenance at any time.But you can successfully argue the case that she is earning as well as she is living separately without any sufficient reason.
3. 498 a has nothing to do with the dowry. In your case 498a can't sustain at all. Get it quashed in the high court.
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