Lord Ganesha (service) 19 November 2013

Is divorce possible in the case u/s 125

Dear Experts

My wife had filed a case u/s 125 for maintainanca . Now we reached an out of court settlement and I submitted a Demand Draft for One settlement in this case in the court .

My Lawyer says that I need not to file a separate joint petition for mutual divorce as the court will itself issue a decree of divorce after recording the statement of my wife that she does not want to live with me any more and divorce be granted .

Is it possible ???

Thanking you in advance

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3 Replies

Mohan Kumar (Advocate chennai 9840261011) 19 November 2013

yes , you need not file any application mutually

Laxmi Kant Joshi (Advocate ) 19 November 2013

Without filing a divorce petition in the family court how you will get divorce ? if you both husband and wife are ready for giving divorce then after making MOU stating that you both are ready for mcd on , one time full and final settlement of alimony rs......, and write other conditions also and jointly submit it in the family court , on the first hearing i.e in first motion you give the cheque / demand draft to her in the presence of court or if you had already paid then mentioned it in your MOU that you had already paid the one time alimony to her , mention cheque no./ demand draft no. worth rs..... dated .....in favour of ( name of your wife) .