Querist :
Anonymous
(Querist) 01 January 2010
This query is : Resolved
Sir, i am a house wife and my husband filed a divorce court. My lawyer is saying currently for maintenance only CrPC 125 is best suited for me considering my present situation so we filed the separate case but my husband is not collecting the notice at both his home and company addresses. What will happen if he does not claim the notice at all the time?
Devajyoti Barman
(Expert) 01 January 2010
You can also file a petition for alimony pendente lite in the divorce case itself for getting similar relief. If the notice u/s 125 CrPC comes back un-served with endorsement 'not claimed' then the court can safely fix the case for ex-parte hearing.
Srinath Kondapally
(Expert) 01 January 2010
you can file an I.A. for maintanance and for litigation expenses also in such divorce petition, and in that subsequently you can get the same, in your stated circumstances and for any other asistance mail me to skondapally666@gmail.com OR call me at Kondapally, advocate, Secretary , Law clinic(Regd)...a social legal hospital at L.B.Nagar,Hyd..Ph: 990 8020 994
Arvind Singh Chauhan
(Expert) 01 January 2010
Issuing legal notice is not statutory requirement for 125.
Raj Kumar Makkad
(Expert) 01 January 2010
You can get him notice served in the divorce case even through his counsel.
Sukhija
(Expert) 03 January 2010
Yes adv. Makkad is rt
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