Divorce maintenance case Divorce maintenance case

4 years ago

My husband applied for divorce based on false accusations two years before. We transferred case to my hometown,case delayed because of transfer. Mediation session by court is complete today. He did not agree for mutual consent divorce and settlement. He wants to drag case and stop me from marrying. I have not filed any DV, dowry case against him so far and did not give counter to the divorce case too. I am not employed. He is employed and earning 2 lakh rupees per month in Dubai. I want to apply for maintenance under 125 crpc. Can I apply for crpc 125 or should I apply maintenance in family court itself as civil case? We want to make him attend the court proceedings 125 case. He got permission for not attending court proceedings for divorce case except for mediation and witness trial, as he is working abroad. Can he get stay or permission for maintenance case also? Is there any jurisdiction limit for crpc 125 or can I apply in any court? Main motive is to make him attend court.
I am in Chennai and he belongs to Madurai, but now working in Dubai. Can I apply for crpc 125 in Chennai itself? Or should I apply only in Madurai, where he belongs to? Kindly advise

Adv. Sarika Khude

Responded 3 years ago

A.in family court you file application
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Vidhi Samaadhaan Vidhi Samaadhaan

Prabhakara S K Shetty

Responded 4 years ago

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A.Cr. P.C. 125 is filed in magistrate courts, in family court you file application u/s 24.
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Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 4 years ago

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A.Dear Madam,
125 proceedings for maintenance can be filed where the wife resides presently.
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Vidhi Samaadhaan Vidhi Samaadhaan

Suneel Moudgil

Responded 4 years ago

A.1. file a case of CrPC 125 and claim maintenance,
2. case can be filed at chennai,
3. file an application u/s 24 of HMA in the divorce proceedings,
4. contact me for further clarifications
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Vidhi Samaadhaan Vidhi Samaadhaan

Sandeep Pingale

Responded 4 years ago

A.You can file 498 A case against your husband if you want to teach lesson to him.
Or you can file domestic violence or section 125 Crpc case in court.
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Vidhi Samaadhaan Vidhi Samaadhaan

Pooja Sathe

Responded 4 years ago

A.You can apply for D.V. and demand maintenance under D.V. act. Its criminal proceeding. at the same time you car apply for maintenance under 125
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Vidhi Samaadhaan Vidhi Samaadhaan

Rameshwar Dadhe

Responded 4 years ago

A.Currently where you working or living place you can file maintenance petition under section 125
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