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Q. RCR

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Anonymous

posted 3 weeks ago

Q.RCR
My wife file RCR in Jan 2016. I accepted it with a counter. Later she filed property case demanding 2/3 rd share (for my daughter too). Then she filed MC under 125 & was granted 5000 + 10000 maintenance. And I am giving it.

(1) Maintenance 10,000 for my daughter is being deposited in her minor account operated by me. Whether it is ok ? She has not filed any GWOP.

(2) At this stage, if I become ex-parte in RCR & if RCR will be granted, whether she is entitled to continue drawing maintenance from me ?

(3) How many days may take for RCR to be granted as ex-parte ?

(4) Whether RCR will be granted with any demands/conditions ? (like Restitution in matrimonial house since I am working out of the city)

kindly reply

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Suneel Moudgil

Experience: 15 Year(s)

Responded 3 weeks ago

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A. ) 1. It's OK but you cannot withdraw any amount from the account,
2. She is entitled to the maintenance irrespective of the outcome of RCR,
3. depends upon the present stage, usually 6-7 months,
4. depends upon the fact of the case, however, if any term or condition imposed, you can refuse to accept, and such refusal by you will become a ground of divorce for her.
Court cannot force you to restart the matrimonial relationship.

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Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 3 weeks ago

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A. ) Dear Sir,
My answers are as follows:
1) Maintenance 10,000 for my daughter is being deposited in her minor account operated by me. Whether it is ok ? She has not filed any GWOP.
ANS: Yes, it is ok., you can show this in future if GWOP is filed.
(2) At this stage, if I become ex-parte in RCR & if RCR will be granted, whether she is entitled to continue drawing maintenance from me ?
ANS: Yes, if RCR is granted in her favor and if you refuse to reside with her you are bound to pay.
(3) How many days may take for RCR to be granted as ex-parte ?
ANS: It takes 3-6 months depending upon the work load of the Court and efforts of the advocate.
(4) Whether RCR will be granted with any demands/conditions ? (like Restitution in matrimonial house since I am working out of the city)
ANS: If you are working outside the city then you may be asked to visit the h

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