Suhas More (ABC) 19 August 2010

Alimony/Maintainence post Divorce

Hi Everyone!

I request you for your kind advice. I have managed to get a Divorce decree on grounds of Cruelty from the Family court (though Ex-partee). Further when they appealed in the High court, the court did not admit their case as it did not find merit in the same. Now i want to know whether the girl is entitled for maintenance/ Alimony?

Thanks!

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4 Replies

(Guest)

1. Yes, she can file under S. 25 HMA for alimony.

2. Here "conduct" will play important part while deciding on damage in such asked award ! There are some really good citations on 'conduct part" while awarding final Alimony to wife which a smart ld. advocate will help you in reviewing.

adv. rajeev ( rajoo ) (practicing advocate) 20 August 2010

Even divorced woman can claim the maintenance from her ex-husband.

Parth Chandra (none) 20 August 2010

Hi Respected experts,

Can anyone plz. give knowledge on following queries in this regard?

1) What if the husband wants to give monthly maintenance installment and not full and final alimony so that when she remarries she doesn't get away with full-final maintenance of first husband to decorate her second home?

2) Can she ask maintenance under CRPC 125 or DV after divorce?

Thanks.

(Guest)

@ PC

1. Showing valid liabilities grounds yes, this can be precedented why not. Remember "a crying baby only gets milk" . If one does not cry publically how on earth respected Hon'ble Lordhip will infer that the once jahapanha husband is on hands to mouth existence :-?

2. Yes criminal maint. can never be even stopped voluntarily or even by an agreements to forgo the same as a compromise and infact it can always be openned up even post MCD. There are catena of citations from SC to allahabad HC levels on such uniqueness of our great "compensation" Laws for wife, it can stop if she remarries or she dies which ever is later :-|