T Gangadhar 02 January 2021

family related

I need some advice regarding maintenance

I filled contested divorce on adultery, desertion and cruelty..she didn't replied my divorce but she filed 125crpc on me...when I received 125 I told to my advocate to counterfile that one but he is saying one more notice will come to u through court and also interim is not granted by court in online also..so u wait for notice after that when u received notice we will do vakultunama on that one..

Is this right way by my advocate saying because already I received notice regarding 125 can I get other one also

I am not attended any hearings till now just dates passing..in ecourt app my MC is on petetioner evidence on two dates and after that last objection to main petition..on her crl.misc it is showing notice to respondent ..

Kindly advice

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4 Replies

Pradipta Nath (Advocate) 03 January 2021

When you have been communicated with the 125 crpc notice, instruct your Advocate to represent you before the concerned forum.

P. Venu (Advocate) 03 January 2021

The facts are confusing. Have not received any summons from the Court in CrPC 125 petition?

Dr J C Vashista (Advocate) 04 January 2021

The two cases are different wherein wife is stated to have not filed her written statement, let her right to file WS be closed by the Court.

In the case under section 125 Cr PC you must file your reply without waiting for another notice since service of notice is already comlete. If you fail to file your reply it will be proceeded against you.

It is better to consult and engage another local prudent lawyer for appreciation of facts/ documents, professional advise and necessary proceeding, if you have lost faith in your lawyer.