shivani (housewife) 19 July 2023

Permanent alimony

Husband has filed for a divorce and I was contesting it, evidence,cross examine everything is completed , matter is listed for final arguments. i have decided to take alimony now. Can i move an application at this stage under section 25 seeking my permanent alimony ?

Also my matrimonial home is not a self acquired property of my father inlaw..property is in dispute. He has accepted on affidavit that property is inherited. it was purchased by father of father inlaw. Father inlaw's sister has also demanded share in the property in high vourt. As a grandson husband has a share in the property. Can i seek a share from my husband's share in the property for my future security and survival ?

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6 Replies

T. Kalaiselvan, Advocate (Advocate) 19 July 2023

You an file petition under section 25 HMA;

You cannot claim any share out of your husband's property at least not during his lifetime.

Advocate Bhartesh goyal (advocate) 19 July 2023

Yes,you can file petition u/sec 25 HMA and claim permanent alimony from your husband.

During your husband's life you can't claim any share or right in his ancestral and self acquired property.

Dr. J C Vashista (Advocate ) 19 July 2023

Well opined and advised by experts, I concur.

File an application u/s 25 HMA

You have no right, interest, claim over ancestral properties of your husband during his lifetime. Just forget it.

shivani (housewife) 19 July 2023

Okay. Thanks for the opinion to all of the above lawyers..

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 19 July 2023

permanent alomony amount calculation as follows. but no rights on husband immovable properties.

A fixed amount must be at least 25% of the net monthly salary of the payor according to the benchmark set by the honorable Supreme Court of India. However, the amount decided by the court can change in the future with changes in the circumstances of both parties.3