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Lord Ganesha (service)     01 March 2012

Can the case u/s 125 for maintanance be result into divorce?

Dear experts

Can a case u/s 125 for maintanance be result  into mutual divorce if both the parties agree and file an application that they don't want to live together and they may be issued Divorce decree under sec 13 B ????

thanks in advance....



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 3 Replies

Shantilal Pandya ( Advocate)     01 March 2012

NO

forum forum  u/s 13 B  amd se 125 are  different , no decree of divorce  can be issued by the court trying a petition u/s 125 crpc  

stanley (Freedom)     13 March 2012

CRPC 125 is for maintanence .For Divorce you have to file a seperate petition or go in for Mutual divorce consent which is faster if both the parties agree to it .

rajiv_lodha (zz)     14 March 2012

If partis agree to MCD at any platform (say 125 hearing too), they have to move a separate divorce petition U/S 13b of HMA alonwith the compromise deed. Minimum period will be 6 months for such MCD to be granted


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