Alimony when rcr by husband succeed


Dear members,

Is wife given permanent alimony u/s 25 HMA when RCR by husband succeed?

Please clarify.

Atul

 

 
Reply   
 
Senior Partner

1. There is no question of maintenance at least from the date of the said order if any (Successful RCR Decree in favour of Husband).

2. However, husband should immediately try to Execute such Order.

3. Rights confirmed to a wife under S. 25 HMA R/w S. 27 HMA operates only once Divorce granted and not before that.

4. I donot know if any minor's maintenance is also involved herein. If so then minor's maintenance will continue as RCR Decree is against other spouse and laws as laid under HAMA still applies for Minor(s) if any irrespective RCR succeeded.

[Last reply]

 
Reply   
 



The question of permanent alimony arises only when divorce is granted.  As it is only RCR decree, at this stage, invocation of S.25 is barred.

 
Reply   
 

at RCR only your demand is that your wife should stay with you and about permanent alimony means after final settlement like divorce for her livlihood you are paying a one time settlement amount

 
Reply   
 
exec

@tajobs.........very glad to see you sir after a long long time....welcome back to the forum


Total likes : 1 times

 
Reply   
 
Financial Examiner

Sir Tajobsindia ji, I wish u would participate in the forum more often than u do. Pls do. U bring colours to this forum.

 

Regards

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

Search Forum:








×

  LAWyersclubindia Menu