1. In court sr. div, divorce filed by husband based on desertion and cruelty. sec 24hms 2k granted.
2. wife files sec. 9 + sec 125crpc in family court same jurisdiction, interim in 125 denied as husband accepts co habitation but wife herself denies.
3. At arguments stage JMFC hinted dismissal of sec 9 by wife as she not ready to go and co habit with husband.
4. Magistrate asking me to file sec 10 hma which i think means judicial seperation
QUERY
a.) why am i asked to file sec 10 hma iasve gone for sec 13a i.e. contested divorce.
b. ) wife filed sec 9 which is clubbed with 125 i asked for time to file written arguments and granted next month date. should i file sec. 10????????
c.)in cross exam , wife accepted seperation of 2 yrs.
d.) The decision of civil court is binding on criminal court and not vice versa i have read so even if final maintenance granted in 125crpc can it be stayed as maintenance cannot be granted pending a case in HMA was a judgement somewhere.
e.) any suggestions experts????????
