Dear experts
Can a case u/s 125 for maintanance be result into mutual divorce if both the parties agree and file an application that they don't want to live together and they may be issued Divorce decree under sec 13 B ????
thanks in advance....
Lord Ganesha (service) 01 March 2012
Dear experts
Can a case u/s 125 for maintanance be result into mutual divorce if both the parties agree and file an application that they don't want to live together and they may be issued Divorce decree under sec 13 B ????
thanks in advance....
Shantilal Pandya ( Advocate) 01 March 2012
NO
forum forum u/s 13 B amd se 125 are different , no decree of divorce can be issued by the court trying a petition u/s 125 crpc
stanley (Freedom) 13 March 2012
CRPC 125 is for maintanence .For Divorce you have to file a seperate petition or go in for Mutual divorce consent which is faster if both the parties agree to it .
rajiv_lodha (zz) 14 March 2012
If partis agree to MCD at any platform (say 125 hearing too), they have to move a separate divorce petition U/S 13b of HMA alonwith the compromise deed. Minimum period will be 6 months for such MCD to be granted
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