Sir ji Wife filed Cri M.A. u/s.12 of Protection of Women from Domestic Violence (PWDV) in which Magistrate allowed interim allowance of Rs. 8000/- to wife against which Husband filed Appeal in Session Court which was rejected by Session Court But later on Cri MA was dismissed by Magistrate for want of prosecution with specific remarks that it is duty of Husband to pay maintenance to Wife Thereafter Husband stopped paying 8000/- per month to Wife. After 18 Months Wife filed application u/s.125 of CRPC r/w. Sec. 26 of PWDV with prayers as contained therein along with interim prayers and interim Application for issuing immediate two directions to Husband (a) to pay 144000 arrears @ 8000/- per month for 18 Months and (b) to start paying 4000/- per Month to Wife Then Wife also filed an application for urgent Order on interim application and written arguments thereon for interim prayers. Matter was sent for Counseling in which on last date Husband admitted that he is earning 30000 per month only. Now Wife’s circumstances changed and she needs immediate divorce which is possible by mutual consent only Quarry (1) Can she reveal during Counseling that she wants divorce from Husband (2) How to get immediate order for old arrears (3) What she should say in Counseling to help her in saving her old arrears and get immediate divorce, too Please guide HARIOM
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1) wife can file for divorce on grounds of mental cruelty against husband
2) if husband agrees convert existing petition into divorce by mutual consent
3) seek interim maintenance and alimony from husband
4)wife would not immediate orders for divorce and old arrears
1. See in this case it is better to talk to husband and settle outside court withdraw cases and mutually ask fir fixed amount.
2. See you wont get old arrears in the 125 crpc case as.case is dismissed.
3. See.one time settlement t is option.
Yes but wife not entitle to rs.144000. She should file application to revive her old petition.
Old case is dismissed and interim order vacates on dismissal.
Yes she can
first pray for interim orders
that she needs immediate money relief
Ask to get Mutual Consent Divorce or ask the judge to issue warrant against husband for pending errors amount.
- Mutual divorce granted , when both husband and wife have mutually agreed that the marriage should be dissolved.
- Further Mutual Consent Divorce does not require any allegations and counter allegations to be raised against any of the parties.
1. Yes, During the trial & couseling , both parties can reveal for divorce amicably.
2. For immediate order for old arrears, she should file an execution application before the court.
3. At the time of filing mutual divorce , she should ask for old arrears.
Yes she can reveal during counselling about immediate need of divorce.
She cannot get immediate orders from court if she wants relief She should withdraw execution case against husband if she want immediate relief of divorce by compromise.
She can demand husband to clear the maximum amount immediately and pay one time alimony and go for mutual consent divorce.
1. If the counseling is for the maintenance case then there's no necessity to inform the mediator about her decision to seek divorce.
However there's nothing wrong in revealing her intentions.
2. She has to file collection petition and make it a point to put forth strong argument to convince court for passing orders accordingly.
3. She may tell the facts of the case and insist on the settlement of arrears instead of insisting on divorce proposal.
1. She can reveal.
2. She has to file an application to seek payment of arrears. If husband does not pay arrears he has to be sent to jail.
3. In counselling no action can be taken against husband for not paying the arrears as counsellor does not exercise judicial powers.
1.If he wants divorce from her husband, then she can negotiate with her husband and jointly file a mutual consent divorce petition on agreed terms which will be decided within 6 & 1/2 months from the date of its filing. She can of course inform during counselling that she wants divorce.
2. Her Advocate shall have to move the application expeditiously praying for immediate order for the said payment of maintenance as per the interim order.
3. During counselling, the question of non payment of interim maintenance will not arise. She shall have to state that she wants divorce and it will thereafter be reported that 'counselling has failed'.
She can file divorce on grounds of mental creulty.
if both the parties have no objection then the court is very likely to allow the application of mutual divorce.
she should file EP.
