Maintainibility Of Application Under Section 125 Of Crpc

949 votes

125 application is maintainable as it is separate. However the maintainability gets suspended if she moved with 13b and 13b divorce is about to concluded.
Also if she filed 125 application after 13b initiated then that application is sine die.

Advocate Prashant Vaxish LawRato

757 votes

Yes it is very much Maintainable in the court. even wife can file Domestic violance case under Sec 12 of DV Act and through that also she can claim maintenance (permanent and interim both), there is no bar.
however, informing the court for other pending cases is must so that courts may coordinate in case they want but it is not a mandatory for them but you must disclose status of all court cases to each court.

Advocate Anand Bali LawRato

693 votes

It will be maintainable. The maintenance petition has no bearing on the divorce petition, irrespective of who filed for divorce
While the S. 125 petition is filed under the CrPC and the wife has to prove 2 things- that husband is deliberately not maintaining and second, she cannot maintain herself.

While you can argue that once the wife has agreed for mutual divorce, she has decided to take a one time settlement for mutual divorce, she should not claim maintenance. But there is no explicit bar from filing the petition unless mutual divorce has been allowed.

Or further, use the mutual divorce petition as a bargaining chip to settle the issue of maintenance.

LawRato LawRato