Siv (engineer) 22 July 2011

Compromise terms breached, Arrest warrent requested

Dear All,

Wife filed CrPC-125 and family court granted interim maintenance. Husband approached the High Court with revision and revision was in pending in HC, wife and husband settled the matters and filed the Mutual COnsent Divorce(MCD) in family court by saying that wife maintenance matters are settled out of court and wife will not laim any maintenancne in future also in any circumstances and wife agreed to withdraw the CrPC-125 unconditionally.

Immediate to the MCD filing in the family court, before the revision case is withdrawn by the husband, revision preffered by the husbabd was dsmissed by HC.

During the second motiton wife came to MCD without withdrawing the 498A case. Husband asked to withdraw the 498A and get MCD. Family court also asked to withdraw the 498A first.

Wife suddenly filed memo in CrPC-125 case saying that husband did not pay interim maintenancen and husband should be arrested. It revelas that wife wants to continue the CrPC-125 case. Wil she continue and will the court allows her prayer...?

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3 Replies

Parth Chandra (none) 22 July 2011

What do you expect from a women who filed criminal cases against those with whom she stayed and eaten?

Even if she withdraws 125 now....she can very well file it again after some time or ask money using section 25 of HMA or DV.....there is no meaning of her writing in MCD that she would not ask maintenance in future....

That is why I have written the conditions in thread - https://www.lawyersclubindia.com/forum/Re-Timing-When-to-file-for-divorce--39266.asp to seal the matter without any alimony to pretect yourself even if she does it again.

There is no gain (read CHUTKARA FROM SUCH WOMEN) with pain (WAITING FOR LONG YEARS).

THANKACHAN V P (Advocate & Notary) 22 July 2011

Court has to proceed with the 125 and action may be taken against husband for non payment of Interim Maintainace.

Siv (engineer) 25 July 2011

Dear Thankachan,

Thank you for the kind reply.

I have paid the interim till the MCD (Mutual Consent Divorce) is filed in the same family court. In the MCD wife admitted that her maintenancne matters are settled for the past and present and for future before filing the MCD.

Now also can wife file petition seeking the interim since the court order and can wife seek arrest warrent.