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Santosh K R   29 January 2022

Alimony in case of ex parte divorce

I filed a divorce case. My wife is not appearing intentionally. Mostly I will get Ex parte decree passed. I have two children for which I m sending 15000Rs as maintenance monthly which she got by filing DV case .I have monthly income of Rs. 85000Rs.
After getting Ex Parte divorce decree can she file for Alimony of a hefty amount in a court in her hometown.
Earlier I filed RCR two yrs back and in that too I got Ex Parte decree. For that she received summons . I have
proof for that.
Can I argue that she is not willing to live with me and even after RCR decree also she didn't join me. She is not accepting my summons of divorce. So she is not eligible for any Alimony.If she wanted alimony , she should have accepted summons and appeared in court.She is paying to postman and getting written the remarks as " No such Addresse found'. I will prove it in court that she willingly not accepting summons.


 2 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     29 January 2022

Coupled with RCR decree you need not pay any alimony as she did not honored the RCR decree

Adv. Mohit Chahal (Advocate)     31 January 2022

You may file execution of RCR decree and seek compensation from your wife as she has not honoured the decree.

You may get service of summons in your divorce case by way of dasti summons.

Claim of alimony may be made by your wife pending litigation of divorce or even after passing of decree of divorce.


Mohit Chahal
District & Sessions Court, Hisar
Phone No. 9968911099

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