Husband expressed willingness to maintain wife and live with wife. Wife said she is not interested to live with husband. Since 2 years both are livng seperately. Also wife alleged and filed 498A IPC case on cruelty.
I see that: As per wife, husband is cruel and feeling the damger to live with him and also not interested to live with him while husband is expressing williness to live with her.
Does these circumstances are attracting section 125 of CrPC or section 24&25 of HMA along with Divorce.
I see that for wife Divorce and section 24& 25 are the right option to approach the court of law as described below:
- Husband is allegedly cruel,
- Wife do not want to live with husband,
- Wife feels danger to live with husband (hence 498A IPC),
- Wife need safety hence husband and wife can not be under same roof.
- Wife need money to survive,
- Wife need a person who is not danger to her.
With the above explanation the petition U/s 125 may not be applicable for wife under those circumstnaces and the correct law provision for this wife is section 25, 24 and 13 of the HMA.
Kindly comment on this. Thank you.