LawRato

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.
Answers (5)

Answer #1
510 votes
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. Please connect through a call or message for further discussion. It would be a better way to suggest you in detail. Thanks
Helpful? LawRato LawRato
Answer #2
776 votes
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
Helpful? LawRato LawRato
Answer #3
860 votes
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.
Helpful? LawRato LawRato
Answer #4
998 votes
The judge cannot directly tell the lawyer to file the Divorce petition. It is the sole decision of the party under the Petition. However CP means Contempt Petition. This Petition is to be filled before the Hon'ble HC if the other party willingly refuses to comply with the orders.
Helpful? LawRato LawRato
Answer #5
594 votes
Cp means contempt petition you are mistaken for divorce. It must be contempt petition for further details and information please free to call me or text me . So have you filed sec 9 or sign any agreement before court
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."