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Partha 498a (INDIVIDUAL)     30 July 2014

Unjustified alimony

Sir,

Ld. court giving verdict to pay alimony Rs. 6000 per month to my wife and other litigation cost u/s HMA - 24. allegation and claim against me are absolutely incorrect, false, concocted and base less but ld. court not verified that or absolutely ignored that.

Is there any procedure to stop paying alimony?

Regards,



Learning

 6 Replies

Tajobsindia (Senior Partner )     31 July 2014

1. Yes, the asked procedure is to seek a verdict from concerned Court that Wife deserted you, then no alimony is payable to a deserted wife!

2. Can you / your advocate do that?

3. If no, then your brief is a incomplete brief here. The interim maintenance awarded is not for that allegations are false or unjustified for that you have to forcefully show on record via submitting yourself to a lengthy trial that they were false and unjustified.  

[Last reply]

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     31 July 2014

File an appeal before high court against the order of family court as per section 19 of family court act. Feel free to call

Partha 498a (INDIVIDUAL)     31 July 2014

Sir Tajobsindia,

Thanks for your reply.

Final order already given by Ld. Judge in this matter.

In same court HMA 13 will be started soon.

Sir, it can be save my life if you can please inform the procedure to seek verdict that she deserted me.

yes, my advocated not advised me for that.

Your reply can save my family.

Thanks & Regards

Avijit

Partha 498a (INDIVIDUAL)     31 July 2014

Sir Nadeem Qureshi, 

Thanks for your reply.
my advocate told that there is a chance of increasing alimony amount if I go for High court.
Sir, is it true?

Regards,
Avijit

T. Kalaiselvan, Advocate (Advocate)     02 August 2014

It will be very hard to render a proper opinion without knowing the details of the case.  However, based on your vague query, my opinion is that it is an order on the application for interim maintenance and not a permanent alimony. However, you still have  a chance to file a revision against the impugned order before the high court wherein you can elicit the detailed version of the merits on your side as well as the defects on her side and point out the erroneous or miscarriage of judgement and make a prayer to set aside the impugned order.  If you do not get proper support and cooperation from your advocate, change him immediately without a second thought.

Partha 498a (INDIVIDUAL)     05 August 2014

Sir, T.Kalaiselvan

Thanks for your reply and advice.
I not yet get the copy of order even after 1 month & 5 days in said sec 24 case.

Regards,

Avijit


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