Deserted Husban 28 July 2015

Mutual consent

Hi wife has filed Crpc 125(July-15) asking for montly maintainence for herself and for child(2.5 years), Before which she filed Divorce petition(Aug-14) last year, our advocate sent a legal notice for reunion(Last year), howere the wife's advocate replied stating reunion is not possible and at the end of the legal notice, wife's advocate has stated

"""Reunion is not possible, Therefore ask your client to show his willingness for Mutual Consent, IF not your client has to defend the petition pending infront of the Family court, Also he need to face ensuing consequences including litigation charges"""""

In this case if i go for Mutual consent, can i refuse the crPC 125 due to the legal notice send last year reads that i have to show my willingness for Mutual Consent. Please clarify

Thank you very much

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2 Replies

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING) 28 July 2015

Appears repeated query, which is already answered. Nevertheless, in case of Crpc 125, first go for compomise settlement if at all possible and then for Mutual Divorce. Both cases are independent of one another.

Laxmi Kant Joshi (Advocate ) 28 July 2015

If you too want divorce then talk to her, aware all about her views for mcd then take guidance from your lawyer and proceed for mcd, if you not agreeing and didnt accept her mcd condition then fight the contested divorce as she had already filed .