U/s 125
kumar
(Querist) 07 March 2017
This query is : Resolved
I have married on 01/06/2014. on 03/06/2014 my wife said that we was married forcefully by his parents he love with a other caste man. as per his willing on 07/06/2014 we "notorised" a tlaknama and also filled a 13B mutual concern in family court which was rejected on the basis that it is not completed one year sepration period. her parents and brother sister beaten her in my house. finally on 07/06/2014 she went with her uncle. as per lawyer advice i have not done anything till one year than my parent with some relative went her house for mutual consent divorce. her father threateing us for false case and abusing us. after lawyer concent on 15/06/2015 i have filled divorce case but till date 07/07/2016 she not filled answer of petition and taking time again and again.than she filled a case for 125 with interim maintanance. i have replied for interim maintanance. than she filed sec 24 application against divorce. and also her lawyer filed section 151 of cpc rule 1 order 1 to make her lover a pakshkar in case and reject the divorce petition. 4 days before we have completed argument of plea u/s 151 and judge will give decision after a week.after argument when i was sit in my lawyer chamber than my lawyer said to me that they are filling suit against order u/s 125 in high court. My query is that order u/s 125 interim maintenance passed by family court on 20/09/2016. can she filled a plea against it in march 2017 in high court.
Adv. Yogen Kakade
(Expert) 07 March 2017
Whether your marriage is consumarated?
Whether she married to you forcefully without her wish or will?
You can go for null and void.
You need a good lawyer.
Ms.Usha Kapoor
(Expert) 08 March 2017
If force was applied to marry somweone against your wish such marriage is null and void.That means there had been never a valid marriage in the eye of law. But formally you can apply for divorce.Was the marriage consummated?Approach LOK Adalat through District court within 1/2 an hour your marriage will be dissolved by a binding decree equivalent to civil court decree.
kumar
(Querist) 08 March 2017
My query is that order u/s 125 interim maintenance passed by family court on 20/09/2016. can she filled a plea against it in march 2017 in high court.
kumar
(Querist) 08 March 2017
Can still i can go to lok adalat for null and void
kumar
(Querist) 16 March 2017
My query is that order u/s 125 interim maintenance passed by family court on 20/09/2016. can she filled a plea against it in march 2017 in high court.
