Can Maintenance be filed when mutual divorce is pending

Question

Can Maintenance be filed when mutual divorce is pending

29-Jun-2023 (In Divorce Law)

We have a MC Divorce case already running in family court for an year now. The other party now has filed a maintenace and custody of a minor child. Is this legaly correct. What is the bbest options to encounter this. Do we have a law to scrap this case as a parallel relative case is already in progress. Does the court blindly believe what a lady says and there is no value to Innocent Men who are trapped by these ladies using the loopholes in our law. Please help

Answers (3)

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Advocate Pankaj Kumar LawRato · Accepted Answer · 2016-06-29T19:14:50+05:30

Answer #1

Yes there are remedies for men on contesting aggressively and legally correct ,but for that a very lawyer goes ,as generally court does not appreciate too much aggressive argument o behalf of men except few judges ,we have no clues to what kind of case you are contesting whose mutual going for years ,better you consult us to see ,why you suffering this way when mutual divorce has been filed ,which usually takes not more than six month ,some time three month ,hence contact with documents .OFC: adv pankaj Kumar

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LawRato LawRato · Accepted Answer · 2016-06-29T23:21:11+05:30

Your question mentions "mutual divorce" but the first line in your query says MC Divorce case. Hence I will answer both scenarios: (1) Divorce Case: In matrimonial case for divorce, the wife may file an Application for Interim Maintenance for herself. Despite having filed this application, your wife can also file an application under Section 125 of the Code of Criminal Procedure for maintenance of herself and the child. While the Application for Interim Maintenance filed in the Divorce Case is only for wife, the Application under Section 125 of the Code of Criminal Procedure can include a number of people in your family who are dependent on you - such as minor children. (2) Divorce by Mutual Consent: Usually, in such cases no Application for Interim Maintenance would have been filed and therefore your wife can indeed file an Application under Section 125 of the Code of Criminal Procedure.

LawRato LawRato · Accepted Answer · 2016-07-02T13:34:24+05:30

Sir,
That there is no any bar for filing maitenance case under S.125 of Cr.P.C or custody of the child under Guardianship and Wards Act. These litigations are nothing to do with the MC case till the finalisation of the MC case. You are bound to contest the cases if any by engaging your counsel.
Thanks and regards