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shivani (housewife)     20 November 2022

Alimony in india

I have been evicted from my matrimonial house recently and I have been staying at a rent accomodation as husband was willing to provide an alternate accomodation. As of now court has granted me with a rent amount of one year in advance. On the other hand husband has filed for a divorce on cruelty and i have been contesting his divorce case. My fear is that if husband is granted a divorce on merits by the trial court then how will the judge decide on my alimony for my future? How will my future be secured and where will I stay for the rest of my life ? I have never worked after marriage.husband is working in a private company and he has a share in the matrimonial house also,financially he is stable. will the court secure my future as i don't want to remarry ,also will I be able to file an appeal in the Delhi High court & later in supreme court against his divorce case



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 3 Replies

Dr J C Vashista (Advocate)     21 November 2022

While contesting your divorce case, did you seek interim maintenance (under Section 24 of HMA) ?

Alimony of wife and children shall be decided as per financial status of husband/ father.

What is the opinion and advise of your lawyer contesting your divorce case ?

Which court the case is pending ?

Presumably you are located in Delhi, if you feel, you may share details of your case(s) with me at my email majjagdish@yahoo.com I am in Dwarka, New Delhi.

 

Real Soul.... (LEGAL)     21 November 2022

you should fuile your reply in Div. case and you can calim maintenaince there. The almony shall be decided by divorce coourt, just get some good professional lawyer who can demanad and manage a good alimony for you.

shivani (housewife)     23 November 2022

Thanks to everyone for your opinion. I have not filed any maintenance application nor for alimony under the divorce case so far .i have been contesting the divorce case and i don't want to give a divorce . Just fear has crossed my mind.if husband gets a divorce on merits then will the trial court judge decide alimony for my future  ? Although i will contest the divorce case till the supreme court as well.if my husband gets a divorce then i will immediately file an appeal in the high court and later in the supreme court as well . 


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