rajiv_lodha (zz) 14 May 2014

Permanent alimony even if cruelty proved?

Hello Bhailog!

If husband is successful proving cruelty in his divorce case (sec 13 1 a, HMA), is alimony still to be paid.

Are there judgments which say -- No alimony to wife while divorce is granted to husband on cruelty ground

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9 Replies

Gautam Kapoor (IT professional Studying Law) 14 May 2014

Rajiv as far as I know there is none.You cannot stay with a cruel wife so relief is provided via divorce.The lady cannot stay without money (read as sustain) so relief is provided via maintenance.There are grounds on which the court may deny maintenance,cruelty is not one of those grounds.

great india (manager) 14 May 2014

There was one judgement in which adultery by wife was proved, divorce granted . But still alimony granted saying even concubines have bellies to feed, here is a legally wedded wife. Laws are great her just at magistrates descreation. So it can go from yes to no to yes again...... You can give a try for defending. Gud luk

Laxmi Kant Joshi (Advocate ) 14 May 2014

Rajiv if husband proved the cruelty he will get the divorce, but on the ground of cruelty maintenance can not be deny because it is not one of the reason / ground to deny for maintenance.

rajiv_lodha (zz) 14 May 2014

Thanx all for elaborative replies.

Dilating further, if such a wife is earning >50000 pm (salary comes by chk, so no difficulty in proving), child is with husband, which judgment will suit me the most to deny her alimony u/s 25 HMA (permanent alimony at the grant of divorce)

Gautam Kapoor (IT professional Studying Law) 14 May 2014

no alimony.

Gautam Kapoor (IT professional Studying Law) 14 May 2014

be forewarned that the ground she may still is that she is entitled to the same stature as she was was used when staying with you...

Gautam Kapoor (IT professional Studying Law) 14 May 2014

You will find your answer here https://advocateseema.in/mainpage1.html

great india (manager) 15 May 2014

She can get maintenance bro But quantum of alimony to ve decided on 1. Needs of claimants. 2. Status. 3.qualifications etc etc..... Ur an old member ....u know well rajiv, Just defend on strong evidence on record and merits. The quantum will be low if defended wid no. Of old case references. Sufferer the savior has posted a lot of them