What is the procedure of contested divorce
21-Sep-2023 (In Divorce Law)
I am getting divorced by mutual consent but my husband is not willing to give me maintenance. He says if u want u can contest for divorce. After divorce what is my chance of winning if i file maintenance case as per sec 125 cprc
125 crpc is totally different concept. Sec24 of HMA is just Intereim. Make sure you preserve of mutual settlement.....the court decreeorders etc... Nine seven one zero nine zero four six two six
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Hi madam sir.
Once you can file mutual divorce and got order mean future you didn't file maintenance case because already you got divorce for mutual
Once you can file mutual divorce and got order mean future you didn't file maintenance case because already you got divorce for mutual
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An Hindu wife always has the right of maintenance under section 24 of Hindu Marriage Act. You can also file divorce on the grounds of Cruelty or the other grounds available for divorce. As interim you can file file maintenance . If your husband is not providing maintenance he will loose the chance to contest the divorce petition filed by you. you need not need to invoke section 125 of Cr.P.C. when you have remedy under Hindu Marriage Act.
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If you get divorced by mutual consent, you cannot claim maintenance under sec 125 crpc later. So if you want some financial security from your husband, then you must negotiate with your husband and can enter a compromise memo before getting divorce by mutual consent.
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According to Sec 125 (4) CrPC , after getting a divorce decree by mutual consent you may claim maintenance from your ex husband , if you remain unmarried and if you are unable to maintain yourself . Your prayer in the Divorce on mutual consent is an important factor.
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