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File vs Not File for divorce on cruelty/desertion


02-Apr-2024 (In Divorce Law)
We are living separately for 10 years with no communication. Recently wife filed 125 which is waiting on trials. i don't want to stay with her or remarry. What are the cons for the two options 1- i file for divorce 2-i don't file for divorce or any other case.
Answers (3)

Answer #1
755 votes
If you wife filled 125 crpc for maintenance then then it will decided by court on merit like what is her income and what is her profession , educational qualifications and if any kid born out of the bedrock then she will seek for him chat also.. don’t file divorce now.. you file you VAKALAT and contest for sometime then will come to know that what is her mood.
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Advocate Babita

Adv. Babita

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Answer #2
809 votes
Dear Sir, She may get an order of interim maintenance if she is not working. That is the danger situation. Better file divorce case and get rid of her permanently by paying lumpsum amount as alimony. Otherwise you have to suffer life long if she remains unmarried. Take a wise decision to avoid mental torture.
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Advocate Kishan Dutt Kalaskar

Adv. Kishan Dutt Kalaskar

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Answer #3
677 votes
hi. since she is staying away from you since 10 years, if you don't want to stay with her. then you can apply for divorce on the grounds of cruelty and desertion. she may not entitled to any maintenance. for more information please feel free to contact me.
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Advocate Suma BK

Adv. Suma BK

LawRatoBangalore / Bengaluru | 100+ Answers
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