kiran 16 February 2015
Me and my husband has applied for MCD. I have given consent in MCD petition that I don't need maintenance or alimony. Also i have mentioned that I will withdraw the section 125 case.
After MCD is granted, can I still file section 125 case against my husband asking the maintenance? Will it be lawful or contempt of court?
Mohammed Ameenuddin (Sr. Legal Manager) 16 February 2015
Once you withdraw Sect. 125 maintainance against your husband before the Honb'le Court and brought your it on record, you cannot file it again.
kiran 16 February 2015
I have withdrawn the section 125 but my husband haven't withdrawn the section 9 case. He also said no to MCD divorce.
Now do I have to go to chennai to respond to the RCR case? Do I have to file the contested divorce against my husband?
dr.pawan rajyan (member and secretory) 17 February 2015
dr.pawan rajyan (member and secretory) 17 February 2015
T. Kalaiselvan, Advocate (Advocate) 19 February 2015
If he is not cooperating fort the MCD case and is unwilling to proceed with it and insists on his RCR, you may better file a contested divorce case after the ensuing MCD is dismissed. You may even contest the RCR and also prefer not to withdraw the 125 cr.p.c. case too so that the pressures mounted on him may influence him to go for MCD once again.
© 2024 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
