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husband applied for divorce, how to apply for maintenance civil or crp


04-Feb-2023 (In Divorce Law)
My husband applied for divorce based on false accusations two years before. We transferred case to my hometown,case delayed because of transfer. Mediation session by court is complete today. He did not agree for mutual consent divorce and settlement. He wants to drag case and stop me from marrying. I have not filed any DV, dowry case against him so far and did not give counter to the divorce case too. I am not employed. He is employed and earning 2 lakh rupees per month in Dubai. I want to apply for maintenance under 125 crpc. Can I apply for crpc 125 or should I apply maintenance in family court itself as civil case? We want to make him attend the court proceedings 125 case. He got permission for not attending court proceedings for divorce case except for mediation and witness trial, as he is working abroad. Can he get stay or permission for maintenance case also? Is there any jurisdiction limit for crpc 125 or can I apply in any court? Main motive is to make him attend court.
Answers (2)

Answer #1
989 votes
You can file a petition for interim maintanence with counter in this divorce case itself or you can file a case for maintenance in chief magistrate Court under section 125 of crpc. he cannot get stay for that. For further enquiry contact me.
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Answer #2
500 votes
Yes you can file 125 CrPC and sec 24 Interim maintenance is usually considered to be the right of a woman going through a divorce and rightly so because of the tough financial conditions she may face as the marriage is dismantled
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