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Krish   06 March 2016

Alimony in case of divorce after winning 498A

Hi Experts, After reading many topics in this forum, I understand that husband can obtain divorce based on cruelty basis after winning 498A case. I do have question here.Kindly advice me. In this scenario of winning 498A also, does husband still have to pay monthly maintenance/Permanent alimony to wife?


 6 Replies

Vijay Raj Mahajan (Advocate)     06 March 2016

Permanent alimony and maintenance is decided on the basis of financial position of both parties. Its not a matter of right for wife to claim it from husband but if she has financial status lesser after her separation and in order that she is able to have same financial status the court allows her financial compensation. Another thing that also is taken in consideration by court while allowing financial compensation to wife is that to bring to end the matrimonial disputes between both parties. Even after allowing divorce to husband on ground of cruelty the wife has right to appeal against it and further delay in process is torturous period for both. Its the fundamental duty of our courts to finalize the matter of dispute between the litigants and in order to achieve this all this financial compensation to wife is being worked out.
1 Like

Krish   08 March 2016

Thanks Vijay Raj sir for clarifying my query.

ANAMIKA VICHARE (LAWYER)     08 March 2016

No, if you have sought acquittal, it will defntly work in rejecting permanent alimoney for wife,

interim is wqithout merits

1 Like

Krish   09 March 2016

Thanks for replying Anamika Madam.

Krish   09 March 2016

Thanks for replying Anamika Madam.

Udaya Shankar. C (Retired)     21 March 2016

Any false criminal case filed on husband and his parents tantamount to cruelty. Since you have got acquittal from 498-A, you need not pay any single penny. Further more Divorce is a cake walk.

On this lot many supreme court judgements are there. kindly go through for supreme court judgements or from any know supreme court lawyer you can get case ref and citations.

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