Permanent Alimony

Querist : Anonymous (Querist) 26 February 2011 This query is : Resolved
dear experts I hope you remember me. My friend has been allowed divorce in family court and she got the house as permanent alimony. Now her ex husband has appealed in the high court against the judgment. Now he is saying he is ready to pay money in lieu of residence. And the present value of this flat is 15 lakhs ( In court my friend has given valuation of the same flat as 27 lakhs. The valuation was done by a govt. valuator and he has admitted in the cross examination that this much is the value of the flat). In his appeal he said he cannot give this house as he has no other place to stay when he is in the city. He stays in a different city. He admitted in cross examination that he gets only 15days leave and his two minor children and ex wife (he is divorced twice) went to him in summer vacation of kids. It was admitted by him during cross examination he has admitted that he is having three houses (one is commercial room and other two are residential flats) and my friend is staying for last 7years in one of these flat. Court has asked him to produce sale deed within 4 weeks of time. Now the issue is that with 15 lakhs my friend cannot buy a flat. She insists in family court for the flat because she thought shelter is important for her. She said in family court that she will keep some paying guest and do something to her caliber. She is simple graduate and her husband is highly qualified engineer and studied aboard. My friend is worried that if she is given 15 lakhs of money she would not be able to buy a house. Please advise what strategy she should take to get the flat as a permanent alimony (which is already given by Family court) from High court and to dismiss his appeal. regards Naz

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Advocate. Arunagiri (Expert) 26 February 2011
The strategy can be advised only seeing the order copy of the family court.

Basavaraj (Expert) 26 February 2011
I endorse to Arunagiri

Querist : Anonymous (Querist) 26 February 2011
Dear Experts
The order of family court is as follows----------

The marriage between the parties is hereby dissolved by way of divorce.

As regard the permanent alimony considered the prayer of the
petitioner and status ,capability of the opp. party and safety and
security of the petitioner who have no other alternative shelter apart
from matrimonial house of opp party where she is still reside. The
opp. party reside in Mumbai now in Delhi in connection with his job.
Considering the matrimonial aspects ,a charge is created upon the
property of opp. party where the petitioner reside
namely---------(address of the flat)

The opposite party is hereby directed to pay the loan /dues against
the loan amount and make the house free from all encumbrance within
outer limit of 3 months and transfer the above property in the name of
the petitioner by executing proper legal document in the said period.

It is further directed that, till proper transfer of property
confering legal rights , till interest in the property as mentioned
above . the opp party will not disturb ,annoyed and dispossess the
petitioner from the said flat. prepare a decree accordingly.

-----------------------

please advice how to proceed?

regards
Naz

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