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Richa (AGENT)     06 March 2015

Husband sent divorce petition, what step should i take?

I got married in 2010, things did not went well between two of us and now i am living with my parents with 3 yrs old daughter since last 3 years. We do not have communication in between from last 2-3 yrs. Have received a Divorce petition from him. I am a working woman but not getting a good salary to maintain me n my daughter life time. I am ready to give him divorce as there is nothing left in this relationship any more but can i file 125CRPC even if i am working, he is in government job. i have not filed any complaint or case against him yet, its he who sent this divorce petition.

Can he file RCR 9 if i will ask for mentainance under 125crpc, however he himself sent the divorce petition??

please help.


 10 Replies

R.K Nanda (Advocate)     06 March 2015

u cannot file petition u/s 125 crpc as ur working.


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Adv. Chandrasekhar (Advocate)     06 March 2015

U can and you should file maintenance petition u/s 125 cr.p.c. for maintenance for yourself and your child.  U both will get maintenance.  If he files s.9 RCR, it does not affect you in any detrimental way.  So, engage a good advocate and file the case.

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Richa (AGENT)     06 March 2015

Thank you Mr. RK Nanda and Mr. Chandrasekhar for your expert advice.

The petition was filled in Banaras and i live in Delhi. Can i transfer the case to Delhi?? What is the procedure and what should be the points to get it transfered to delhi, What are the chances to get the transefered case in my favour?? Please advise...

R.K Nanda (Advocate)     06 March 2015

yes, u can transfer case to delhi by filing TRANSFER PETITION IN SUPREME COURT .


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Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     06 March 2015

Yes the case can very much be transferred to Delhi but that shall only be possible with the intervention of the Supreme Court in the exercise of its powers under the CPC.

Get hold of a good supreme court lawyer. You may contact me in case you need any references for the same. 

Plus since you stay in Delhi, the cases which you intend to file against him shall be maintainable in Delhi itself. Hence once the SC sees that there is a majority of litigation pending here as well in Delhi, thr chances of the same being transferred increase multifold.

Augustine Chatterjee


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Richa (AGENT)     06 March 2015

Thanks Augustine Chatterjee.....Can i get maintenance even if m working?? Should i tell it to the court that i am working, though i don't want anything for me but for my daughter.

Thanks Mr. RK Nanda...

I read somewhere that maintenance can be denied if wife is working and it is also mentioned under subsection 4 and 5 of 125CRPC (No Wife shall be entitled to receive an allowance from her husband if she refuses to live with her husband) in my case also i don't want to live with him so can he file 9RCR just to escape from maintenance even though he himself sent the divorce petition.

Please advise.

Anjuru Chandra Sekhar (Advocate )     06 March 2015

Thanks Augustine Chatterjee.....Can i get maintenance even if m working??



Yes you can get maintenance even if you are working if your standard of living is not commensurate with the standard of living of your husband.  In other words, what the courts see is "the wife should enjoy same or similar lifestyle, same standard of living that she used to live when she was at her matrimonial house".  However it is for you to prove that at present your standard of living is not same and similar to your standard of living when you were at his home.



The second point is, it is one thing if you are alone and another if you are living with his child.  And so, he has a responsibility towards the child equal or greater depending on his status.  If he is of better financial status than you, the court expects that you and your child should be able to live the same standard of living as you would have lived if you had been living with him if this break up did not occur.  In other words, if you were living with your husband if you could send your child to school in a car, you should be in same position to do that even when he is not living with you.  That is the ratio courts generally follow in all other aspects of your standard of living.  However, it is the discretion of court/judge to decide what should be quantum of maintenance amount he should pay.  This he will decide based on facts and circumstances of case like



A.. what is your income and what are the other sources of your income



B. How inadequate it is to help you and your daughter to live the standard of living that you could have been living he you both been staying with him.



Hope you understood these points.  And how long he will be ordered to pay if at all court orders maintenance?


The answer is -  Till you get remarried to some other man after legally obtaining divorce from him or till you die if you decide not to marry.  That means getting a divorce will not be a cause for him to stop paying you and your daughter maintenance.

Anjuru Chandra Sekhar (Advocate )     06 March 2015

In the meanwhile, while a divorced wive is receiving maintenance from husband if the husband can prove that the woman had s*xual intercourse with some other man or if he can show that the divorced wife's income had increased to such level that she is capable of maintaining same level of status as that of him, then the court can order to stop maintenance.  Whatever be the case, having a child is a compelling reason even if status does not differ.  Hence my view is he is bound to pay for the maintenance of the child on par with you even if both of you are equal in status.

Richa (AGENT)     06 March 2015

Thanks Mr. Chandrasekhar....its really helpfull information u provided.

Reshma Thiwari (house wife)     08 March 2015

Hi myself reshma, I have got married last 4 months back. Just after 7 days of my marriage, my husband started his over involvement in my past life. As every individual will have a past life. But my past life nor anyone from my past life interfered in my current life but my husband due to some insecurities started harrasing me with irrelevant clashes and getting to my past things which is already over. now he wants to give me divorce, i want to live with him, what to do

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