Legal Question in Family Law in India
Is RCR mandatory in case of defending the demand for maintenance? My wife, who is seperate from me has no valid reason to have run away. There is nothing she can substantially prove, be it cruelty etc.
2 Answers from Attorneys
RCR is not mandatory but the reason is without RCR, how you will defend. coz maintenance is her right and you have to pay her. but if you will file RCR then you have one reason to refuse Maintenance.
Regards
RCR may provide you NO DEFENCE for refusing maintenance. The spouse is entitled to maintenance for living separately even if you are willing to bring her home. You need to establish the overt efforts made for bringing her back to matrimonial home; she may have more than one justifiable reasons for living separate from you. Even if she pleads that she is unable to live with you because of temperamental differences, you may be liable to pay maintenance if she is not earning.
The only thing you need to establish for depriving her maintenance is that she is having "sufficient sources of income" for living as per your standard of living.
Therefore, forgetting RCR, you may better consider an amicable out of court settlement.
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