On going 125 crpc argument stage
10-Feb-2025 (In Divorce Law)
Is it a mistake of the husband if he doesn't file for divorce before the maintenance order is given? In my case the judge openly told me during my cross examination to discuss and compromise and when that didn't happen, he told my lawyer to file cp. My lawyer said CP means divorce. I'm worried on what is happening.
No there is no mistake if you haven't filed divorce petition yet. but if there is no chance of settlement then now you should file divorce petition and if your wife is also ready for mutual divorce then you should go for it.
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It would be a better way to suggest you in detail.
Thanks
It is not mandatory to file for divorce in order to content maintenance petition. Both the laws have independent procedure and no court can compel to file one case to contents other. However mediation is required to proceed ahead in any matrimonial dispute. For any further query feel free to contact
Thanks
In family disputes the priority is to settle the disputes through mediation/ compromise and hence the family courts insist on the same. The same is being experienced by you in your case. Since you have not mentioned the full facts of the case it's difficult to give a blueprint solution on the same. You can either ask your counsel to explain the status of your case and further solution or you can consider taking a second opinion by sharing all required details so that a clear blueprint solution can be discussed.
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.
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