Negotiable Instruments: Exhaustive Coverage by Adv Roma Bhagat. Register Now!
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sandeep (pvt service)     22 May 2016

Does 125 run even after divorce?

please advise, divorce is at final stage of exparte, party not appearing after filing their reply, i would like to know, she has also filed 125 case, which is also running. now, if divorce happens, what will happen to 125? will it still run? opposite lawyer of 125 is directly threatening me to pay up 10 lacs or pay monthly or take her back...which at any cost i dont want to take her back as she has been cruel as hell, on which baisis i have filed divorce. she is staying at her native place. oppposite lawyer in 125 is threatening that we will file an appeal once divorce is decided ( divoce is not yet decided, however he is already taking of appeal!!) he says that eirther you pay up 10 lacs, i told him, it is very huge, he told me upfront ' mol bhav kar lo jaise bajzar me karte ho....ya to agle 10 saal court ke chakaar kaato' and then told me ' mere time mat kharab karo, aur bhi bahot kaam hai mere paas' and arrogantly walked away. i am not sure what to do....please advise. 


 6 Replies

A walk alone (-)     22 May 2016

125 crpc case will run even after divorce granted. If she is not working then she may entitled to 1/3 of salary. If she is educated she may not get maintenance as per SC guidelines qualified lady can't sit at home on her husband money. Opposite lawyer is only threatening you he only wants money. First divorce decided let him appeal nothing will happen. Only your wife's time and money will waste. Use your divorce decision in 125 cprc. That she left you without any cause. If you want out of court settlement then pay her money and get rid of her forever . Choice is yours.

saravanan s (legal advisor)     22 May 2016

125 crpc can run while divorce proceedings are on or can be filed anytime even after divorce over the ex husband.don't budge to the lawyers threat.let the court decide the maintenance amount.
1 Like

laxmi kant joshi (instructor)     22 May 2016

Yes she can make an appeal against the exparte divorce decree granted in your favour, you can inform it to the court that her lawyer is making pressure upon you for out of court settlement and threatening you that he will not attend the hearing but he will go for an appeal against the divorce decree, she can file 125 crpc even after divorce, if she is not working and educated woman and having no sources for her maintenance only then court will grant her maintenance, if you too want divorce then both of you go for mcd .
1 Like

sandeep (pvt service)     22 May 2016

thank you joshi sir and sarvanan sir.....joshi sir. want to ask you. as you have mentioned that " if she is not working and educated woman and having no source for her maintaience only then court will grant her maintainence"

but sir, i have read that educated and able bodied woman who are sitting at home are usually denied maintainence. even in my case, wife is educated more than me. she is Mcom and she is sitting idle at home. also she was selected in preliminary stage of government exam, which i found on the website, however in the second stage of main exam, here name appeared nowhere, that means she deliberately did not appear, hence can i use this information to show that she has deliberately not appeared as she does not want to work but only wants to derive maintainence. 

thank you again sir



Go for settlement.  Mutual divorce is best divorce.  If court ordre to pay, dont pay, court cant do anything at all.

laxmi kant joshi (instructor)     23 May 2016

If she is well qualified and you have the proofs then you must exhibit them before the court and request the court to deny her for maintenance, she is able for her maintenance, attach some ruling also with your application.

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