Alimony or Money Claim after 11 years

Querist : Anonymous (Querist) 08 April 2011 This query is : Resolved
I and my wife divorced under mutual consent (Sec 13B of HM Act) in 2002. Till the decree was passed I had paid her Rs. 6 lakhs as alimony during pendency of case. The decree of ‘divorce but with no costs’ was given by the judge. However before the decree of divorce was passed my wife got me to sign on plain paper that I will pay her Rs. 19 lakhs more, later. There was no mention of time schedule for this payment. Now after almost 9 years she has filed a petition claiming the Rs. 19 lakhs. Can she file for alimony after the judge gave a divorce decree without costs? That too after 9 years? Or is this a money suite and not pertaining to alimony? Is there a time bar to such claims?

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Naresh Kudal (Expert) 08 April 2011
decree of divorce is final. for this claim you can take many type of defenses like time barred or there was no such type of agreement to pay...you need to appoint an advocate for the matter.

Arvind Singh Chauhan (Expert) 08 April 2011
In my opinion it is a money suit only, which has been time barred.

Jitendar Kumar gupta (Expert) 08 April 2011
your wife cannot claim rs. 11 lakhs. but she can take alimony till she remarriage.
J.K.Gupta Adv.
9868529732

Devajyoti Barman (Expert) 08 April 2011
To claim that particular she needs to file money suit which is now time barred. However if she is not remarried she can claim for maintenance at any time.

G. ARAVINTHAN (Expert) 09 April 2011
THat lady cannot claim money from you as alimony already paid

Parveen Kr. Aggarwal (Expert) 09 April 2011
In case decree of divorce was not conditional on payment of the amount, the non-payment of the amount cannot affect the decree of divorce.

Regarding the recovery of amount by your wife, she can only file a suit for recovery of the amount undertaken or agreed to be paid by you. In case no time limit has been specified for payment of the amount, the suit for recovery is barred by limitation after expiry of the period of three years.

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