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amlan (self)     23 May 2010

Is there ground for divorce as wife filed case u/s 125 crpc

My wife had left me ten years ago, along with our daughter. She filed a case u/s. 125 CrPC claiming maintenance for herself & our daughter. She got an interim order of maintenance for the child but nor for her.  She had also filed a civil suit against me claiming declaration that all our Fixed deposit warrants, held in joint name, belong to her. Both the cases are pending.

An important point is that, during her cross-examination in the maintenance case; she had admitted that she earns enough and does not require maintenace for herself.

Now, can I file a suit for divorce on the above grounds?

If I do, then am I sure to get a divorce?

Do I have to pay alimoni to her?

How long it might take the case to conclude? 



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 4 Replies

G. ARAVINTHAN (Legal Consultant / Solicitor)     23 May 2010

This is not a valid ground for you to obtain divorce

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     27 May 2010

But u can file a divorce petition on ground of separation

G. ARAVINTHAN (Legal Consultant / Solicitor)     28 May 2010

Rakhi madam, He can file divorce on any grounds. But the question is whether husband get obtain divorce from wife only on the ground that she filed petition for maintenance under Sec 125 Cr.P.C

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