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3 years ago

Hi, My husband has filed a divorce petition against me with false allegations. I have submitted counter replies to those allegations. However I also don't want to live with him now. What is the way out? Can I accept his divorce without accepting allegations?

Anik

Responded 3 years ago

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A.Hi,
You can counter his allegations in your reply notice. A mutual consent divorce might be the best option for you. You can claim interim maintenance under Section 125 CrPC until the final settlement has been determined. If he has made false claims, he can be punished under Section 209 IPC.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 3 years ago

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A.Hi,
You can counter his allegations in your reply notice. A mutual consent divorce might be the best option for you. You can claim interim maintenance under Section 125 CrPC until the final settlement has been determined. If he has made false claims, he can be punished under Section 209 IPC.
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Vidhi Samaadhaan Vidhi Samaadhaan

Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hi,
Yes, you can counter his allegations. If they are false, he can be punished under Section 209 IPC. You can claim interim maintenance from him under Section 125 CrPC to support yourself.
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Vidhi Samaadhaan Vidhi Samaadhaan

Vaidehi Samant

Responded 3 years ago

A.If you want to file a divorce without accepting allegations I would suggest you to go for a mutual consent divorce wherein no allegations will be levelled up on both of you and it will be an amicable and full and final settlement based on consent terms which you both will frame in respect of the same through your lawyers respectively. However in that case kindly ask your lawyer to specify all the terms appropriately regarding maintenance or alimony of wife, stridhan which you received, distribution of gifts and such movable assets or child custody or visitation rights of non-custodial parent if children involved. If you found this advice helpful please write a review and give ***** rating. Thank you.
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