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Can divorce petition can be filed while maintenance u/s 125 is pending


19-Dec-2023 (In Divorce Law)
Dear Sir, I have filed maitenance case aginast my husband in january 2014. My maintenance case u/s 125 is running since last 3 years in Bhavnagar, Gujarat family court. No judgement is come yet. No intereme maintaince. I want to file divorce petition at this time so is it possible? As it seems my husband is not going to pay much and I just want to get divorce from him. so I just want to know whether i can file divorce petition while my maintenance case is pending?
Answers (3)

Answer #1
699 votes
Dear Client, you have filed maintenance application u/s. 125 which Bhavnagar Court. But your case haw to stage till date and haw to procidings in your matter. and your advocate is prayed relief of interme maintenance? please consent your advocate and there after file any litigation.
Answer #2
766 votes
Brief Answer:
Ill

Detailed Answer:
Hello. I just read through your question.

You have filed maintenance case against your husband in January 2014.I can't understand that why yet this case is pending. anyways you can file a petition for divorce as you say that your husband is not going to pay much.while your 125 is pending then you can file petition .and when your petition grant then you have to withdrow 125 if an order is pending.
Answer #3
692 votes
Yes, you can file divorce petition against your husband while your maintenance case is pending. Even you can ask maintenance in your divorce petition under section 24 of Hindu marriage act.
Please remember that don't go beyond your maintenance petition.

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