T. Saranvelu (Government service) 17 October 2016

Divorce and maintenance-reg

Sir, Joint memo filed by both me and wife in maintenance case under 125 crpc (case filed by wife) and the wife stated that amount received for permanent alimony and agreed for divorce. The permanent alimony paid to her. The case is now disposed in the district court. Whereas appeal petition filed by me for divorce is pending before hon.ble high court. Whether lower court's disposal order (125 crpc case) with joint memo is enough for disposal of appeal petition at high court in favour of mutual divorce or she have to come to high court in person to express her agreement for divorce in the appeal case?.pl clarify sir.

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4 Replies

Sachin (N.A) 18 October 2016

If you both have aggreed for MCD, what is the need of appeal in HC. Petitioner in HC will widraw the petition.

T. Saranvelu (Government service) 18 October 2016

Sir, separate divorce case under 13b filed by me in the lower court before MC case filing and dismissed. Appeal petition filed by me at hon.ble high court before arrival of permanent alimony in the MC case. Pl clarify sir.

T. Saranvelu (Government service) 18 October 2016

Sir, Is there any negative implications for me regarding mutual divorce in future, if I withdrawn appeal petition at high court based on above MC case order Pl clarify sir.