LawRato

Wife filed 125crpc, now ready for 13b but..


16-Aug-2025 (In Divorce Law)
Wife filed 125crpc, now ready for 13b for a certain amt as alimony. We agreed that amt wil b deposited in family court's account and she will get it when she signs divorce papers. She said will withdraw 125crpc on final hearing of 13b, i.e second motion. How quickly can a 125crpc be withdrawn (in 1 day)? Is it possible that she continues 125crpc even after giving divorce? Should I mention in first motion petition that alimony b given only after divorce and withdrawal of 125crpc? Pls advise.
Answers (5)

Answer #1
555 votes
If wife gives a statement before the magistrate that she does not wish to pursue 125 CrPC (after receiving alimony), the magistrate can pass an order of withdrawal/closure even on the same day of appearance. Practically, it depends on the court’s schedule, but legally it can be done in one hearing.
Helpful? LawRato LawRato
Advocate Raman Sahu

Adv. Raman Sahu

LawRato Hisar | 25+ Answers
Chat with Advocate Raman Sahu Chat 
Answer #2
937 votes
Hello Sir/mam There are Various legal Remedies to deal with it Feel free to contact over phone call or whats app for further assistance . Thank You Regards Advocate Kuber Hooda Punjab and Haryana High Court Delhi High Court
Helpful? LawRato LawRato
Advocate Kuber Hooda

Adv. Kuber Hooda

LawRatoPanchkula | 700+ Answers
Chat with Advocate Kuber Hooda Chat 
Answer #3
979 votes
Hello, In this matter, we will file an MoU, which shall be placed on record during the mutual divorce proceedings. We will also monitor whether the other side is pressing the application under Section 125 CrPC. Please do not transfer the alimony amount before the second motion; the transfer should be made at the time of the second motion in the presence of the court. If the other party genuinely intends to proceed with mutual consent divorce, they will refrain from pressing the Section 125 application, and we will be able to seek adjournments on joint request as needed.
Helpful? LawRato LawRato
Advocate Sumegh Garg

Adv. Sumegh Garg

LawRatoGurgaon / Gurugram | 100+ Answers
Chat with Advocate Sumegh Garg Chat 
Answer #4
839 votes
I have read u r query about the HMA act If she takes alimony but doesn’t withdraw 125 CrPC, she may still press for double benefit (maintenance + lump sum alimony). Divorce decree does not automatically end 125 CrPC case unless settlement is recorded. for further information please contact me.
Helpful? LawRato LawRato
Advocate Ravinder Rathi

Adv. Ravinder Rathi

LawRatoHisar | 25+ Answers
Chat with Advocate Ravinder Rathi Chat 
Answer #5
975 votes
Once she gets the alimony, she can withdraw 125 on the same day . Yes she can 125 even after divorce till she gets her alimony or maintenance. Yes , you can mention in first motion petition that alimony be given only after divorce and withdrawal of 125 .
Helpful? LawRato LawRato
Advocate Nitanshu Sharma

Adv. Nitanshu Sharma

LawRatoGurgaon / Gurugram | 200+ Answers
Chat with Advocate Nitanshu Sharma Chat 

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?

Connect with top Divorce lawyers for your specific legal issue
Connect with a Lawyer
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."

All Answers

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

LawRato