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Anonymous1 (fjslfj;)     10 February 2011

Divore & Sec 125

Respected people,


I have filed an Divorce case on grounds of cruelty & Desertion against my wife and the case is up for hearing on 24th Feb (I had earlier filed an RCR and withdrew it on its 1st hearing). My wife has filed a maintenance case u/s 125 of Cr.P.C and the case is up for hearing on 28th Feb. Couple of clarifications:


1. Is it possible to quash the maintenance case upon the grounds on which divorce is filed (I read the bare act and think its not possible. Am i right?)

2. I also read that the amount of maintenance cannot exceed Rs.500. Is this right?

3. Do i have to appear in person on that day?

4. Will I get the details of the case on that day or should i apply for it?


 3 Replies

Anonymous1 (fjslfj;)     10 February 2011

5. Also, how would the maintenance be determined? Will the court consider my salary, my loans and expenses before deciding he amount of maintenance?

Tajobsindia (Senior Partner )     11 February 2011

@ Author

1. No readers know the grounds on which Divorce case has been filed so less comment the better. However, Civil vis-à-vis Criminal don’t work the way you may wish to. A S. 125 CrPC case is either withdrawn and or dismissed and or only becomes a part of a quash petition if serious charges under other family law related IPC sections were compromised by parties (this is closest layman's way of putting subject matter before you I could come up with before you get confused with more legal terminologies).

2. Amount of maint. under S. 125 CrPC is as per Central Amendments which has been recently affirmed (corrected as interpreted rightly) by Hon'ble SC bench.

3. A legal representative appointed can appear on your behalf.

If you and or your legal representative appearing then you can request Magistrate and or
PJ Court for a copy of the suit she filed. It may be available by opening party same day and or undertaking given by her side to send a copy to you and or to give to your representative (legal).

Yes all material consideration as placed before records will be considered plus lady luck (can't say on whose favor it will sway) is Law under S. 125 CrPC.

Suggest to hire one Advocate femiliar with family laws to help you in your case.

1 Like

ADV Rajesh KASRIJA (ADVOCATE)     11 February 2011


1)      1)No the maintenance case cannot be quash on the ground of divorce; it can be defend on the ground of desertion and cruelty.

2)      2)No it not right on the basis of new amendment the court considers your salary and status of both the parties.

3)      3)Your appearance is in person is necessary when date is fixed for reconciliation.

4)      4)The opposite party supply all the copies of their claim when you or your Advocate appear in the court.

5)        Adv Rajesh Kasrija 09855714554


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