LawRato

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


05-Feb-2023 (In Divorce Law)
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. 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 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 as civil case? He got permission for not attending court proceedings for divorce case except for mediation and witness 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. I am in belgaum and he belongs to shimoga, but now working in Dubai. Can I apply crpc in Belgaum
Answers (3)

Answer #1
790 votes
Yes. In Belfaum you can file Maintenance case under section 125 before Magistrate court only. Please come to my office for more guidance
please come to my office for more guidance
please come to my office for more guidance
please come to my office for more guidance
Helpful? LawRato LawRato

Answer #2
704 votes
hello madam u can apply for the maintenance case against him and can get legal relief and u can file the case against him and can be getting maintainnc by the court get the divorce you have given and Wat is the reason behind the divorce there's are the section for divorce weather your not coming to court u can get legal relief and u can file the case against him and can be getting maintainnc by the court
Helpful? LawRato LawRato
Answer #3
772 votes
yes , there are two options, if you want him to attend court then crpc 125 can be filed in belgaum as you are residing at Belgaum, further if you just want divorce with permanent alimony then you can straight away file application for permanent alimony in divorce case already pending under section 25 of Hindu marriage act, further if you want that he should attend court then better proceed by filing case under 125 crpc which can be filed any time.
Helpful? LawRato LawRato

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."