Lord Ganesha (service) 05 September 2012

Can a suite u/s 125 result into divorce ???

My wife has filed a case u/s 125 for maintainence . Now we have an out of court settlement for a fixed amount as one time settlement money and to get divorce. My lawyer says that he will get recorded the statement of my wife in the case u/s 125 that she does not want to live with me at any cost and similerly my statement will be recorded that i don't want to live with her and both of us want divorce. Then the Court will issue a decree that since both the parties don't want to live together , therefore , divorce is granted .

How far is it true ???

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4 Replies

Adv. Nikhil Seth (legal consultant (9867264707)) 05 September 2012

you have to file seperate mutual consent divorce petittion in family court in that petition you will get divorce decree and not in crpc 125 .

in crpc petition you can get only maintainance and not divorce decree.

Advocate Bhartesh goyal (advocate) 05 September 2012

No, u/s 125 of. Cr.P.C divorce can not be granted. you both have to move separate petition for obtainig divorce on ground of mutual consent.

rajiv_lodha (zz) 05 September 2012

Best way out: Move a joint application in 125 case to sattle the matter via LOK-ADALAT. Prepare a MOU there mentioning all the requirements n terms in black n white. Return to 125 court n both of u make a statement that 125 is withdrawn on the condition that this MOU will be filed for sec 13-B (MCD). MCD will be filed afresh, in different court. 125 court can nt grant u MCD. Hope the point is clear