Rcr

Dear Client, Under Section 22 of the Special Marriage Act, any spouse can file a petition before a Family Court/District Court for the restitution of Conjugal Rights. This remedy can be sought by either the husband or the wife who has been deserted or separated from the other spouse without any reasonable cause or excuse. If you want to resolve the issue permanently, you can file a divorce petition under Section 27 of the Special Marriage Act, 1954 on the ground of desertion as defined under Section 27(1)(c) of the Act. before the Family Court/District Court where the couple last lived together, such as their marital home, where the marriage was solemnized, or where the wife currently resides, praying for a decree of divorce to resolve the issues permanently after the withdrawal of the RCR case. You must withdraw the RCR case, saying that your wife declared that she is ready for divorce.. Both under Section 37 of SMA or Section 125 Cr. PC, any person having sufficient means is liable to support his wife and children, provided that she is unable to maintain herself and her children. The maintenance is allowed by the Court, once an application is filed by the aggrieved spouse seeking maintenance from her husband in the Family Court. Certain guidelines had been set down by the Supreme Court in its judgment in the case of Rajnesh Vs. Neha (2021(2) SCC 324). Said criteria include the parties’ status, the respondent Wife needs, the respondent’s income and property, the claimant’s liabilities and financial responsibilities, the parties’ age and employment status, the parties’ residential arrangements, the parties’ minor children’s maintenance, and illness or disability, etc. The courts have held that the husband's income, as well as his assets and properties, can be taken into consideration while determining the maintenance amount. The courts have also held that maintenance can be granted to the wife even if she is living separately from her husband due to his ill-treatment or other reasons. However, the court can grant one-third to one-fifth of the husband's or wife's net worth as maintenance. If maintenance gets paid monthly, the Supreme Court of India has established a benchmark value of 25% of the husband's net monthly earnings to be awarded to the wife. However, be informed that if a petition for maintenance is pending before the Court, any attempt to transfer a property to deprive claimant's right to maintenance, may go against you, once your intention is proved before the court by claimant/petitioner.