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Deep_blues (Engineer)     28 May 2013

Validity of family court divorce decree

Dear Learned Members,

Today my 125 crpc case interim maintenance hearing was there at Kolkata (ex wife's place). earlier i have got ex parte divorce from Gwalior Family Court u/s 13 HMA and my ex wife also know the fact and didnt appeal. now today she came with 'sindoor' ON and during hearing her lawyer submitted that though i have obtained divorce decree from Gwalior Family Court, the 125 trial court is not bound to accept the said marriage been dissolved. which means it is not necessary for the trial court to accept the decree issued by family courts. he also said that he has judgements in this regards, but didnt submit a single citation on this.

my quaries are:

  1. what it could be? any tactics?
  2. in case of appeal for setting aside decrees, higher courts can do so but is it true that higher court is laible to reject family courts decision in a matter like 125 crpc?
  3. what could be the intention of the opponent lawyer?

plzzzz help me out of this mind boggling issue.....

Regards..



Learning

 2 Replies

Adv Archana Deshmukh (Practicing Advocate)     28 May 2013

Originally posted by : Deep_blues


Dear Learned Members,

Today my 125 crpc case interim maintenance hearing was there at Kolkata (ex wife's place). earlier i have got ex parte divorce from Gwalior Family Court u/s 13 HMA and my ex wife also know the fact and didnt appeal. now today she came with 'sindoor' ON and during hearing her lawyer submitted that though i have obtained divorce decree from Gwalior Family Court, the 125 trial court is not bound to accept the said marriage been dissolved. which means it is not necessary for the trial court to accept the decree issued by family courts. he also said that he has judgements in this regards, but didnt submit a single citation on this.

xxxxx

xx

 @ Deep_blues,

 

The ex parte decree you have obtained  is valid and binding till it is set aside by a competent court. The submission made by the lawyer of your wife is legally incorrect.  The court is bound to consider the marriage as dissolved if you have filed the certified copy of the divorce decree. However, maintainance is a seperate issue, a divorced wife is also entitled to maintainance u/s. 125 crpc. However, you file the certified copy of the decree on record if you have not filed it.

1 Like

ashoksrivastava (scientist)     28 May 2013

Till her remarriage crpc125 is going to haunt you, in case she is not able to maintain herself. Pray to god that she gets another crpc125 mate soon. regards ASHOK
1 Like

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