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suman (Selfemployed)     07 June 2013

Under which conditions can wives demand further alimony

In India, under which conditions can wives demand further maintenance/alimony after divorce (divorce through mutual consent and took money as permanent alimony )



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 4 Replies

Hemang (Advocate)     07 June 2013

When the divorce under a joint petition with consent is obtained and the permenent alimony is paid at that point of time, the matter ends there. There is no provision under law for further alimony which can be claimed as a matter of course. Contest the same, if such proceedings are filed against you. You can also raise the contention as to what are the "changed circumstances".


(The language of Section 25 shows that it is a power conferred on the Court at the time of passing of the decree or at any time subsequent thereto on an application made to award alimony or maintenance. This is a jurisdiction to be exercised by the Court. The parties, therefore, cannot by an agreement between themselves, agree to oust the jurisdiction of the Court which otherwise Parliament has conferred. The second aspect of the matter is that permanent alimony and maintenance are a larger part of the right to life. These provisions have been included to enable a person unable to maintain herself to be protected.

 

The learned single Judge in Hirabai Bharucha interpreting Section 40 of the Parsi Marriage Act has taken a view following similar views taken by English Courts that such a section is based on public policy. That public policy is now reflected in our Constitutional philosophy. The power as conferred on the Court with the object of helping the weak. Therefore, any clause in a contract or consent terms providing to the contrary would be against public policy. Even, if there is a term for giving up the claim in the decree by mutual consent, the same would be contrary to public policy and consequently that clause will have to be treated as non-est. Even otherwise, clause to the extent that prohibits a party from claiming maintenance would also suffer similar consequences as Clause being against public policy. In this view of the matter, the appellant was not barred from applying under Section 25(1). 


1 Like

ashoksrivastava (scientist)     08 June 2013

Hi Suman If divorced wife can prove change in circumstances(for e.g new illnesses developed) she can claim further maintenance to that extent till her remarriage, under crpc125 regards ASHOK

stanley (Freedom)     08 June 2013

Even after MCD under change of circumstances wife can ask further alimoney ;)

suman (Selfemployed)     10 June 2013

Dear Experts,
Thanx for the prompt reply.
 


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