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Section 25 of hindu marriage act

(Querist) 16 May 2014 This query is : Resolved 
Husband paying maintenance to her wife since last 13 yrs. They are living separately since than...now my client wants to pay one time payment of maintenance to his wife...want to proceed with section 25 of hindu marriage act....
the query is section 25 of Hindu marriage act can be apply only after any order or can apply without order or during any pendancy of suit or application?
Dr J C Vashista (Expert) 17 May 2014
Your lawyer will be better to advise you on the subject matter as the information is incomplete and query is vague.
Devajyoti Barman (Expert) 17 May 2014
query is not clear to me.
Guest (Expert) 17 May 2014
Dr. Vashista,

The querist himself is an advocate, but has not mentioned how he is concerned with the problem of the couple when posting his query.
Guest (Expert) 17 May 2014
Mr. Vinesh,

Your query should be quite clear whether it about your client or for your own knowledge.

The question arises, when there is no order or divorce or any petition on the issue, how sec. 125 of CrPC or sec.25 of HMA came in to picture in payment of maintenance and also what was the basis of payment of maintenance and how the amount of maintenance was arrived at?
Sankaranarayanan (Expert) 17 May 2014
Better to provide all details for sugesstion
Rajendra K Goyal (Expert) 17 May 2014
Come out with the full facts to unable us to advise.
malipeddi jaggarao (Expert) 17 May 2014
Agreed with experts.
T. Kalaiselvan, Advocate (Expert) 17 May 2014
agreed, without proper details you cannot experts to give proper opinion to your query, further please confirm if it is to enrich your academic knowledge on the subject(?)
Vinesh K Chhaya (Querist) 18 May 2014
now i have given proper details

Husband paying maintenance to her wife since last 13 yrs. They are living separately since than...now my client wants to pay one time payment of maintenance to his wife...want to proceed with section 25 of hindu marriage act....
the query is section 25 of Hindu marriage act can be apply only after any order or can apply without order or during any pendancy of suit or application?
Guest (Expert) 18 May 2014
Dear Vinesh,

Any mutual agreement cannot be treated as governed by any statutory Act.

However, since husband has to pay the maintenance to wife, under sec 25 only the court exercising the jurisdiction can pass any decree on application made for the purpose by the wife.

If you want the legal status of the amount of alimony, wife with mutual agreement with husband may be asked to apply for some specific sum to the competent court of law for passing decree under sec.25.
Devajyoti Barman (Expert) 18 May 2014
The court can grant alimony at the time of divorce either in lump sum or in monthly manner.
During pendency OF SUIT SECTION 24 APPLIES , NOT SECTION 25.
Guest (Expert) 10 December 2014
Well attended
Anirudh (Expert) 10 December 2014
6 MONTHS OLD QUERY.

THIS SORT OF GIMMICS WILL NOT WASH AWAY YOUR FALSE AND FRADULENT PROFILE.

THE NEW RIP WAN WINKLE HAS WOKEN UP!

THIS GOOD FOR NOTHING FELLOW IS TRYING TO RIDE ON THE EXPERTISE OF OTHER EXPERTS THAT TOO AFTER 6 MONTHS!

DESPERATION IS SHOWING ON THIS FELLOW.

This fellow cannot even be a last person one can consult for any advice.

This fellow is good for nothing. Many a times he gives advices which are not supported by law.

TAKE THIS FELLOWS FALSITY IN HIS PROFILE. THIS FELLOW ATTACHES MORE IMPORTANCE TO THE PROFILE, WHILE HE IS FILLING UP TOTAL FALSE HOOD IN HIS PROFILE.

please visit the following link:

http://www.lawyersclubindia.com/lawyers_search/N-J-S-Rajkumar-alias-narasimha-254519.asp#.VIcRwmeHPFx

where he claims that he is practising from 2001, while as already indicated by me, he was enrolled only in the year 2012!!! CAN ANYBODY PRACTICE BEFORE ENROLMENT? IF ONE DOES SUCH A PRACTICE IS HE NOT FIT TO BE CALLED A "FRAUD"?

N.J.S.Rajkumar alias narasimha's Details
Listed Under
Business Law
Civil Law
Criminal Law
Practicing Since
2001
Specialization
SEBI and SEBI RELATED CASES
Court
Others
Address
54,PARASURAMA EASWARAN KOIL WEST MADA STREET,AYANAVARAM,CHENNAI 600023
Other Details
rajkumar_wins@rediffmail.com 9444036927

Therefore, before taking advice, the querist should be too careful


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