Legal Question in Family Law in India
Sir/Madam
Divorce petition of husband dismissed by Family court and husband filed First Appeal in high Court and I have filed 125 CrPC for maintenance in which he is ignoring to receive the notice..
Now in first appearance his lawyer said in high court that petitioner is ready to live with the respondent and the court ordered for physical appearance of the petitioner on next date for acceptance/denial ( to live with - Yes OR No ).
Q: 1-.If he says yes to live, then can high court order to quash my 125 CrPC OR Not ?
Q:2- If he appears in 125 CrPC and says Yes to live then will I be bounded to withdraw my 125 CrPC ?
Q:3- Suppose if he says yes and we started to live together and again problems arises then can I file 125 CrPC again from the matrimonial home ?
3 Answers from Attorneys
Dear client u can point out to court that husband has filed divorce petition. It shows the intentiom of husband that he donot want to live together. U can also tell the court that he just want to escape from his liability. For proper discussion call me on 9422611385
Adv prasad patil
1. Appeal is against the divorce decree, so it will not affect 125 CrPC.
2. It depends upon you whether to live with him or not. Court can't force you.
3. Yes, you can file again.
919555462995
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