125 CrPC and divorce

Dhiraj Bar (Querist) 28 October 2018 This query is : Resolved
Wife got maintenance under 125 CrPC for last 2 yrs. She stay with children separately. 498 is already pending. Does husband file divorce suit?

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Vijay Raj Mahajan (Expert) 28 October 2018
Not now unless the 498a IPC criminal complaint is finally disposed and husband acquitted of all criminal charges.
Only after acquittal order of court a clear ground for divorce is available for husband.

Dr J C Vashista (Expert) 29 October 2018
Did you put this question to yourself, your family and your lawyer engaged for contesting your case(s) if there is some truth in the question paper ?

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