125 dismissal on mutual divorce
Kalyan
(Querist) 06 July 2012
This query is : Resolved
Dear experts,
In a mutual divorce petition, filed jointly by husband and wife in magistrate court, it has been stated that "That the wife has no claim regarding present,future and past alimony and/or maintenance similarly the husband, has no claim as against the petitioner wife. The parties agreed not to raise any dispute in future in respect of the goods and belongings".
There is a 125 maintenance case in the lower court which either party stopped pursuing. Once divorce is granted, can the divorce order be presented in the lower court by husband to dismiss the 125 case???
Kiran Kumar
(Expert) 06 July 2012
Yes you can place on record the said order and the concerned court will dispose off the matter accordingly.
the wife had already suffered a statement that she will not have any future/ present/ past claim with respect to maintenance and alimony so the 125 application will go.
ajay sethi
(Expert) 06 July 2012
in mutual divorce petition petition their should have been a specific refernce to pending litgation . ask wife to withdraw 125 CR Pc then attend court for final divorce decree
Adv.R.P.Chugh
(Expert) 06 July 2012
Agree with Ld.Sethi ji, first insist on Dismissed on ground of compromise, and also dispel any notions from your mind that in future 125 cannot be invoked there have been cases where wives have sought and got maintenance even after terms like above.
