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sunny (hardware)     17 February 2020

Alimony amount claiming options- husband non attending case

Hi Lawyers,

Request you to let me know if the case has become Ex-party husband not attending to the case. What the means she can claim the  alimony amount 70 lacks mentioned in the Divorce case for both herself and child.

Note: She has internationla work experience and want to settle in abroad with child seprating from father.

Please advice.

With Regards








 14 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     17 February 2020

Desr querist,

You have to proceed with the case and get final judgment as case is exparty.


Real Soul.... (LEGAL)     17 February 2020

If the case is exparte  let you get an expartee decree; you can calim the alimony as mentioned and later you can recover that by way of execution of decree.

Adv Deepak Joshi +917017821512 (Advocate)     17 February 2020

facts not enough to advise

sunny (hardware)     17 February 2020

Hi Shrish pawar and  Real soul Sir,

Thank you for your quick respone can you please elobrate bit more for me.

Hi Deepak Sir,

We are seprated for 6 Year's.Went for the delivery never returned back nor allowing me to see the child, Now asking for Alimony. I want to you to let me kow how to evade the alimony money or what are the options do I post decree has been awarded in her favour.

With Regards



Real Soul.... (LEGAL)     17 February 2020

Yers she can claim the alimony, you must contest the case instead of being in exparte. You can negotaiate in the court.

sunny (hardware)     17 February 2020

Hi Real Soul Sir/ Lawyers,

If she has won the case because of my abesence. What the ways the alimony amount can be claimed.

1.What will be the time frame given if in case won the case ?


2.What time frame I have from the date of decree to contest the case. 

3. Please suggest.

With Regards





Real Soul.... (LEGAL)     17 February 2020

Cannot say what amount she will claim and what amount court would grant; If she managed exparte then you have to set that aside and for that you have to show grounds; Don waste time or spoil your own case,contest and don't be like an ostrich who digs head in sand; Just face the trail and keep your version before the court.


Dr J C Vashista (Advocate)     18 February 2020

1. She is entitled for alimony, however, who shall pay and how ?

2. Whether you had received notice of the case at the initial stage of the suit ?

3. Why did you not attend proceeding ?

Information provided by you are insufficient to consider, form an opinion and oblige.

It is advisable to consult and engage a local prudent lawyer for appreciation of facts/ documents, professional guidance and necessary proceeding.

sunny (hardware)     20 February 2020

Hi Real Soul/ Lawyers,

I am ready to fight the case provide me solid proof my child 5 year daughter will be handed over to me with custody rights and visiting rights to wife if required and Alimony for me and my child.

Note :: she has IT exprience in High level for more than 16 years.

With Regards



Real Soul.... (LEGAL)     20 February 2020

Custody of child  is near impossible...you will waste too much of money and time on custody only you can get visitng and meeting with child. If your wife is working and earns enough to maintain herself then you need not to pay for that but child maintenance is to be paid...Just your choice you want to contest or not.

sunny (hardware)     20 February 2020

Hi  Lawyers,

What will be the time frame to contest the case post ex-party decree is award ?

What are the facts I need to show before the court for proviing my abesnece which court will accept ?

CAN  SHE ATTACH MY self earned PROPERTY for alimony money/ My parents Property  ? if Yes, What are the documents she need to produce before the court ?

With Regards





Raj Kumar Makkad (Adv P & H High Court Chandigarh)     20 February 2020

Custody matter has nothing todo with the present controversy. You need to file a separate petition for that purpose but first get the decree set-aside by putting your presence in the court.

P. Venu (Advocate)     05 March 2020

Having allowed the matters to go ex-parte, you cannot evade enforcement of the decree. And it could be enforced against your self earned property.

The only option is in getting the decree set apart and seeking a decision on merits.

You cannot bargain for the custody of the child. And always, it is considered that the child, that too a daughter, ought to be with the mother unless the court is satisfied that there are compelling circumstances.

Ananda   07 March 2020

If she has proof of your income and property she will be awarded a good alimony. If not, ideally she should not get alimony only divorce but then no one can guess what the judge will do also since there is a child. If she is not satisfied with alimony she will go to higher court. Ultimately she will get execution and if you have savings and property then it's red. Title is enough to prove ownership. You decide how much to give and contest and offer. As advised by experts, you file petition to set aside exparte and reopen the case. Show valid proof that u didn't recieve notice - u didn't reside at the address/city, had traveled out etc. Show all liabilities. Somewhere and at some time there has to be an agreement, or the courts may make u agree. With child in picture you can not avoid alimony. Very important , you collect evidence of her income and work experience, and find out false statements in her petition and bring it to courts attention. She may have lied about work to claim alimony. I had similar case and I proved her income. So to avoid perjury etc. she will backoff. Ask your wellwishers for advice on how to reduce your assets and increase liabilities, if ur wife is so experienced she is fully empowered and independent. The child ofcourse you should care for. Hope it helps.

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