Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Sreenivas V (S/W)     01 May 2014

Divorce alimony

My Divorce case is in arguments stage now. So far girl side did not asked for any maintenance. Is Maintenance or Alimony will be part of divorce judgement by default. Or she will file a different case after divorce comes.

Anyway in this case we are not sure we will get divorce or not. We won 498A but it seems even then some times on that ground we may not get divorce as she is against divorce now.



Learning

 2 Replies

Tajobsindia (Senior Partner )     01 May 2014

1.    For seeking permanent Alimony in a Divorce suit matter she has to file specific Application under S. 25 HMA.

2.    Alimony announcement in reference suit matter is never part of Decree in Divorce if not specificaly plead by respondent wife.

3.    BTW, if you have filed Divorce suit under “mental cruelties ground’ then place on record acquittal under S. 498a IPC final Order sheet as mental cruelties are perpetual – continuing quasi civil offence under Divorce personal laws.

4.    If you are showing remorselessness at this advance stage of yoru suit matter itself then time to buckle up and with vigorous energy press sound arguments and material record before ld. Judge to seek divorce instead of telling me that ‘she is not in a mood to give divorce’. It is not respondent wife's mood but probable evidence best placed before a ld. Judge which allows Decree in Divorce suit matters. 

{Last reply}   

T. Kalaiselvan, Advocate (Advocate)     02 May 2014

I think Mr TajobsIndia has very properly opined and suggested you the next move in your divorce case.  If she has not claimed any maintenance or alimony, the court will not grant anything suomotu so donot worry about which is not there.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register