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Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     16 June 2014

RCR can be converted to divorce if and only if you get the decree of Failure of RCR

Kaatu Poochi (Kaatu Poochi&Co)     16 June 2014

Honorable Shatyaprakash Bani sir, It's very good reply. Ok I will go to dismiss my 498A after that concentrate divorce.

Kaatu Poochi (Kaatu Poochi&Co)     17 June 2014

I accept everything but What is Amendment petition by sec-6 rule-17 for converting RCR into divorce.

T. Kalaiselvan, Advocate (Advocate)     17 June 2014

You cannot amend the RCR to Divorce petition or convert the same into this.  If she is agreeing for mutual consent divorce, you may file the same separately and contest the same without withdrawing the RCR till the second motion, once on second motion a decree of divorce is granted, the RCR petition becomes infructuous and automatically dismissed.  Hence it is not advisable to go  for amendment or any other thing which is not only time consuming but will not sustain.

Kaatu Poochi (Kaatu Poochi&Co)     19 June 2014

Ok sir, Wife cannot Claim Maintenance u/s 125 Crpc, if Divorce proceeding Pending.

1. Is this true??

2. If I file divorce fresh petition then what about my wife U/S 125 crpc complaint.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     19 June 2014

Wife cannot Claim Maintenance u/s 125 Crpc, if Divorce proceeding Pending.

This is not true. your wife can file all sec 24 and 25 of HMA and 125 CrPC.


It is highly recommened that not to file divorce during 498A is pending. Make speedy trial and get out from it first.

Kaatu Poochi (Kaatu Poochi&Co)     20 June 2014

Thank you sir, but I got some judgement's

No maintenance for Qualified wife – CrPC 125- Delhi HC


1. Is this applicable of me. My wife +2, DTED Qualification, I am an unemployed.

2. She is asking maintenance 125 crpc?

3. She informed court my salary is Rs.30,000/- per month and asking Rs.20,000/ per month for her court accepted this petition. (Not submitted salary certificate) 

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