Stanzin Namgail 24 April 2020

maintainibility of petition filed under section 125 of crpc

during the pendency of petition filed under section 13B of hindu marriage act for mutual divorce, wife filed petition for maintenance under section 125 crpc. my question is whether the petition filed under section 125 of crpc is maintainable?? if yes. please share any judgement.

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This discussion explores the maintainability of a maintenance petition filed under Section 125 of the Criminal Procedure Code (CRPC) while a mutual divorce petition under Section 13B of the Hindu Marriage Act is pending. It questions whether a wife can claim maintenance in such circumstances, particularly considering Section 125(4) CRPC regarding mutual consent separation. The thread seeks legal advice and relevant case law on this matter.

3 Replies

Shashi Dhara 25 April 2020

Club both cases and try to compromise.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 25 April 2020

As per Section 125(4) of the Code of Criminal Procedure, no wife shall be entitled to receive an allowance for the maintenance from her husband if they are living separately by mutual consent. ... A divorce decree by mutual consent to live separately cannot disentitle the wife to claim maintenance