MyNation Foundation Forum » Advice » Maintenance

Can maintainance be applied again if the first case not send to husband but is i

(7 posts)
  1. rekha
    Member

    I want to apply for the transfer the case applied by my husband of restitution of conjugal rights, by supreme court but before that I want to apply for maintainance so that the chance of transfer may increase by saying that I have filed maintainance and both are to be heard together and also that I cant travel so long again and again. Is it correct or shall I apply directly for transfer. On what basis my case can be transferred easily? Can I also mention that I have bp also.

    also let me know that as my case is still in the court as not send to my husband side. So can I proceed with other lawyer with other matter (As I want to change the matter in it.) Or I cant submit other papers but will have to proceed with the earlier ones only?

    Posted 6 years ago #
  2. Dr.Dsouza
    Member

    Which case you want to transfer; there are jurisdictional criteria if its criminal.
    others cases can eb transfered if you have valid reasons. only BP is not valid reason to transfer case.

    what do you mean by not send to my husband side ?
    You can appoint new lawyer with new Vakalathnama.

    rest of the lines in the posting, are difficult to decode. and will be answered if its explained. (eg: other matter, other papers, earlier ones etc etc)

    Posted 6 years ago #
  3. rekha
    Member

    I want to transfer the case of restitution of conjugal rights petition that he filed from other state. So I want to transfer it to my place. Till now after we r living separately he never took any responsibility or tried to live together but wants me now after many yrs of separation. I have responsibility of my son who is about 10 yrs old and I cant travel so long again and again for the hearings so tell me what to do to transfer it easily.

    Posted 6 years ago #
  4. Dr.Dsouza
    Member

    RCR can be filed in the place where you reside last or got married. coz notice sent to last known address,
    ok he did`t tried to live together,but what about you.
    may be now he want legal reply from you that you will join him or not. if you refuse it will leads to Divorce.
    you can appeal for transfer, if its valid, or you can appoint lawyer to act for you, as its not complusary to attend every date.

    Posted 6 years ago #
  5. humanbeing2
    Member

    you appeal for transfer of case immediately through your lawyer. you can also say in the petition cost of travelling is difficult to meet in the absence of maintenance.

    Posted 6 years ago #
  6. humanbeing2
    Member

    sometimes RCR is also sent even though the intention is separation to avoid giving maintenance.

    Posted 6 years ago #
  7. Dr.Dsouza
    Member

    RCR is to prove legaly what wife think. go back or not.
    some women file cruelty case to defend their move or just to show she was harassed, but said case is dragged for years without any judgment.
    she has to answer within timeframe of RCR, else will be exparte. same applies to divorce too.

    Posted 6 years ago #

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