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atul   03 July 2015

Alimony when rcr by husband succeed

Dear members,

Is wife given permanent alimony u/s 25 HMA when RCR by husband succeed?

Please clarify.




 5 Replies

Tajobsindia (Senior Partner )     03 July 2015

1. There is no question of maintenance at least from the date of the said order if any (Successful RCR Decree in favour of Husband).

2. However, husband should immediately try to Execute such Order.

3. Rights confirmed to a wife under S. 25 HMA R/w S. 27 HMA operates only once Divorce granted and not before that.

4. I donot know if any minor's maintenance is also involved herein. If so then minor's maintenance will continue as RCR Decree is against other spouse and laws as laid under HAMA still applies for Minor(s) if any irrespective RCR succeeded.

[Last reply]

Adv. Chandrasekhar (Advocate)     03 July 2015

The question of permanent alimony arises only when divorce is granted.  As it is only RCR decree, at this stage, invocation of S.25 is barred.

Adv k . mahesh (advocate)     04 July 2015

at RCR only your demand is that your wife should stay with you and about permanent alimony means after final settlement like divorce for her livlihood you are paying a one time settlement amount

fighting back (exec)     04 July 2015

@tajobs.........very glad to see you sir after a long long time....welcome back to the forum

1 Like

CompelledToLearnLaw (Financial Examiner)     06 July 2015

Sir Tajobsindia ji, I wish u would participate in the forum more often than u do. Pls do. U bring colours to this forum.



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