Permanent alimony versus maintenance u/s 125
Torch bearer
(Querist) 24 July 2013
This query is : Resolved
Respected Experts/Members,
My petition u/s 13 1(a) & 13 1(b) has been honoured with the decree of divorce. subsequently my ex husband has challenged the same in High court and appeal is filed before the Registrar, High Court.
Please suggest me if I can ask for permanent alimony and/or compensation during proceeding of the appeal in High Court for the loss of service besides of many other non monetary losses because of extended litigation as well as disturbance and nuisance created by my husband at my workplace.
In that appeal, judgement of one case is cited wherein the wife has been granted permanent alimony even without asking for it.
It would be relevant to mention here that my petition u/s 125 has been dismissed in lower court for non prosecution.
Please suggest that would it be worth to restore the case u/s 125 or should I pursue for the permanent alimony during an appeal by my ex-husband.
Advocate Ravinder
(Expert) 28 July 2013
I dont think that your husband will agree for permanent alimony, since he has filed appeal in the High Court. His intention is to drag on the matter and harass you. But you can file a case for maintenance under HAMA Act, even pendency of the High court case. Likewise you can restore the case u/s.125.
Relating to other problems of monetary loss, extended litigation, disturbance and nuisance, you cannot claim anything since delay of court is normal and is not the fault of your husband.
Dont worry ultimately you will win the divorce case, it is matter of time.
