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Alimony in ex parte divorce

Hi there,

Could you please let me know how will the court decide on Alimony in ex parte divorce.

I have filed a Divorce petition recently.She left few of her garments and jewelleries back in the matrimonial house when she left .

She do not contest the divorce case,

I would like to know if the court will pass ex parte then will pass any order of Alimony for wife ?

Thanks for your time.

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2 Replies

Tajobsindia (Senior Partner ) 27 October 2014

Originally posted by : Binay
	XXXX She do not contest the divorce case, XXXX

@ Author,

1. Unless Application OR Affidavit filed by her for seeking “interim maintenance” during pendency of your divorce case OR specifically seeking “alimony for life” the court while granting ex part divorce in your favor will not look into it in absence of any specific prayer from her side.

2. It will be open to her to seek alimony for life later by setting aside ex part decree of divorce and claiming alimony by way of specific application or even by specific affidavit.

3. Limitation to re-open ex part divorce decree to claim “alimony for life” is till she remarries.

[Last reply]

T. Kalaiselvan, Advocate (Advocate) 29 October 2014

The alimony aspect if she has claimed but not contested her case at all, she has lost her case by allowing it to be set exparte, so there is no question of alimony payment.

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