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Suresh Kumar (NA)     23 April 2017

Alimony / maintenance : need to standardize the methods

Maintenance / Alimony has been continuously complex in nature. A woman cries of not getting maintenance while husband cries for bearing lifetime liability, while facing the mental agony of long, fake trials of 498a. A woman does not settle issues even after getting interim maintenance. The Woman starts using the same interim maintenance as a weapon against the same husband to torture in fake litigation. This is where husband find it difficult to deal with and he starts for becoming a willful defaulter. 

There is a need to standardize the mechanism of maintenance. The following may be principle to adopt in Interim maintenance issues 

1. The interim should be decided within three months of trial. The application of maintenance should have proper format which asks the details of wife and husband ( education, income, responsibility/liabilities), just one-page document from both side  

2. the domestic violence/ maintenance under HMA and divorce cases should deal in a speedy manner so that the husband should not get harassed even after paying interim maintenance. Both parties should be under pressure to settle issues and decide their faults. The chances of rehabilitation are there in the only first 1-2 year of dispute usually. 

3. with regular interim maintenance the 498a and other such litigation should also examine at speedy manner. 

4. two years should be maximum time to settle and close all marital dispute with regular payment of interim maintenance. 

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The wilful defaulter by the husband is because of pending litigation and harassment did by the wife. The money may not be the pain but pending litigation on every month creates a lot of agonies and whereby they suffer and gets determined to face any circumstances in future. 

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All marital disputes must get settle within two years of provisions. This would be lead to more rehabilitation of couples and regular maintenance paid by the husband.  

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The final alimony may consider 

1. the length of marriage ( while living together and inside the court litigation process): A marriage gets broken in first twenty days of marriage but has 12-13 year litigation ( certainly a result of disgruntled behavior of wife) 

2. the education, the income and property/ estate of both parties. 

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Principally every marriage must have registration and disclose the income shared by couple to the marriage 

 



 1 Replies

Hiren Gohel   26 April 2017

Itni badhiya post pe koi bhi apni comment ya views add nahi karega..? All are fuc*ing businessmen. Bloody Brokers of Law system.. Nobody wants to clean the mud of law system. They just want to get the maximum advantage of someone's serious issue and pain.

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