Mcd to contested divorce

If one of u after fIling mcd doesnt want to go for it had to file a petition in the courtstating ur objection and the mcd would be converted into a contested one. In that case u can file application in high court to quash sec 9 for due to your husband objection omly mcd got chamged.u can reopen sec 125 and in the mean time ask for interim maintenance

If one of u after fIling mcd doesnt want to go for it had to file a petition in the courtstating ur objection and the mcd would be converted into a contested one. In that case u can file application in high court to quash sec 9 for due to your husband objection omly mcd got chamged.u can reopen sec 125 and in the mean time ask for interim maintenance

If one of u after fIling mcd doesnt want to go for it had to file a petition in the courtstating ur objection and the mcd would be converted into a contested one. In that case u can file application in high court to quash sec 9 for due to your husband objection omly mcd got chamged.u can reopen sec 125 and in the mean time ask for interim maintenance

If one of u after fIling mcd doesnt want to go for it had to file a petition in the courtstating ur objection and the mcd would be converted into a contested one. In that case u can file application in high court to quash sec 9 for due to your husband objection omly mcd got chamged.u can reopen sec 125 and in the mean time ask for interim maintenance

If one of u after fIling mcd doesnt want to go for it had to file a petition in the courtstating ur objection and the mcd would be converted into a contested one. In that case u can file application in high court to quash sec 9 for due to your husband objection omly mcd got chamged.u can reopen sec 125 and in the mean time ask for interim maintenance

Can I demand maintenance from husband during until divorce is given?

 

Madam.  You can demand maintenance from him not only till divorce but till you get remarried.  The maintenance you get during pendency of legal proceedings are called Maintenance Pendente Lite.  The maintenance you will get after the court delivers order is regular maintenance.  Both are covered under Hindu Marriage Act.  He has to pay maintenance for you till you die or till you remarry. 

What if the girl is working?

What if she had good education and doesn't want to work?

I have mentioned in the MCD petition that I don't need any maintenance or alimony. Can I still claim maintenance or alimony after MCD is granted? 

If my husband says no for MCD divorce, Do I have to file contested divorce petition separately or my husband has to file the case? 

 

I am guessing if he says no for MCD, he will pursue RCR to get me back. 

I have mentioned in the MCD petition that I don't need any maintenance or alimony. Can I still claim maintenance or alimony after MCD is granted?

 

Yes.  You can.  Justify by saying that now my circumstances are not such that I can live without maintenance.

 

If my husband says no for MCD divorce, Do I have to file contested divorce petition separately or my husband has to file the case?

 

You need not wait for your husband to file you can file for contested divorce from your side.  If there is any RCR petition pending you can file your Contested Divorce as counter to that petition, ie., your reply to his RCR will be claim for contested divorce.

should I file contested divorce if i need divorce?

If you want divorce, you immediately file divorce  case and get it tagged with your husband's RCR case, so that both can be disposed off simultaneously.

Do I have to appear for section 9 case?

Yes. As it is pending you should.  As suggested above, get your divorce case tagged alongwith his RCR so that for both the cases, you can appear same time. 

Can I re-open section 125 case against my husband?

Yes. And you should.  Your statement in MCD that you are not intended to have maintenance has no bearing for the reason that MCD has been withdrawn by your husband and it is not binding on you.

Can I demand maintenance from husband during until divorce is given?

Yes. You can demand.  You can file Section 24 application in his RCR or Secction 24 application in your intended divorce case, but the latter is preferable for obvious reasons.

Above all what are all the legal options for me since my husband is not agreeing for MCD now?

The trick is that even if he succeeds in RCR, one year after RCR if you file divorce under Section 13(I-A)(ii) of HMA.  You ask your advocate further on this point.

 

one thing is if he has gone back to come in the second motion even then you have another one year time period to convince him for MCD option because after filing for MCD the petition is valid for 18 months within which a second motion date will be given and both parties has to appear 

and why he has gone back you have not mentioned in your query and if he want to save the marriage and want to live with you why you want to contest divorce case or RCR 

because once the MCD is converted to contested divorce then how many years it will take you or no once can expect and you have to come regularly to the court may be you get maintenance