Section 25 of hma

Pradip (Querist) 06 August 2015 This query is : Resolved
Sir,
1. My wife living separately from me for last three years.
2. She file maintenance case against me u/s 125 CRPC. The case is pending.
3. I file RCR u/s 9 of HMA.
4. As she did not return I withdraw RCR case.
5. My wife don't want mututal divorce and one time alimony. She want maintenance as monthly salary without any service.
My advocate advise me to file
a) Divorce case on the ground of desertion and cruelty.
b) Apply for onetime lump sum alimony u/s 25 of HMA.
Can I apply for onetime lump sum alimony u/s 25 of HMA?
My gross pay is Rs. 40,000. What may be onetime alimony amount?
Your VALUABELE advice is expected to relief me.

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P. Venu (Expert) 06 August 2015
"Apply for one time alimony" for whom?

Pradip (Querist) 06 August 2015
Sir,
Can I apply for onetime lumpsum alimony for my wife in alternate of monthly maintenance u/s 25 of HMA ?

Santosh Goswami,Advocate (Expert) 07 August 2015
No, your wife has to apply u/s 25 and secondly alimony can only be decided after disposal of divorce petition. You should file for divorce otherwise you will keep on paying the maintenance only.
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SAINATH DEVALLA (Expert) 08 August 2015
Better go for an amicable settlement if U desire to get separated,before she files other dreaded cases against UR family.

Guest (Expert) 08 August 2015
Section 125 or 25 case is not dependant upon your own wishes. That would depend upon preference of your wife.

Rajendra K Goyal (Expert) 08 August 2015
Agree with expert SAINATH DEVALLA .

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