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divorce related issue and maintenance query


19-Aug-2023 (In Divorce Law)
There is a exparte crpc 125 ordered and pending amount almost 10 lacs. And execution case in lower court, amount not yet paid. Suppose in mutual consent divorce Rs.5 lacs was fixed and sec13B moved. Now how to complie this ex-parte order, whether this order can be canceled and execution case can be closed?
Answers (2)

Answer #1
615 votes
Hi In case there was a mutual consent filed and granted with a settlement you can honour that and set aside the decree for the maintenance which was passed by the lower court. You will need to move an application for this.
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Advocate Abhinav Sharma

Adv. Abhinav Sharma

LawRato Delhi | 700+ Answers
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Answer #2
772 votes
Greetings for the day, Mutual divorces are granted with mutually decided terms. The parties have to mutually resolve all their disputes, which will include the outstanding amounts as well. One of the conditions of the mutual divorce being granted is that the parties shall withdraw all the pending cases, which in your case shall include the execution case as well. I advice that with due interference of an advocate, settle your disputes, the amounts/ articles to be given. Feel free to connect for further assistance. Regards.
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Advocate Nihaarika Jauhari

Adv. Nihaarika Jauhari

LawRatoDelhi | 25+ Answers
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