My wife is living in our home, but we haven’t spoken in a month. Can she still claim maintenance? If so, what grounds would she use? Should I file for restitution of conjugal rights (RCR) as she’s preventing me from entering our room?
The law states that a wife can’t get maintenance if she’s committing adultery or refuses to live with her husband without a good reason, or if they’re living apart by mutual consent. Are all three conditions necessary for her to lose the claim, or is any one sufficient?
How much maintenance could she be awarded? What steps should I take now to address this situation?
Best Answer
Your wife can claim maintenance if she proves she’s unable to maintain herself, even if you haven’t spoken in a month. Any one of the conditions you mentioned (adultery, refusal to live with you without good reason, or living apart by mutual consent) would be sufficient for her to lose her claim. The amount of maintenance would depend on your income, her needs, and local court precedents. You should consult a lawyer to understand your specific situation and legal options, including RCR.
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