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Srinivas (.)     09 March 2014

Is maintanice part of divore?

Hi All,Is maintance is part of Divorce? Please advise.Thanks in advance.



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 8 Replies

Shantanu Wavhal (Worker)     09 March 2014

yes

u/s 24 & 25 HMA

john (na)     09 March 2014

Amit please explain

Raaj (student)     09 March 2014

No , Maintenance is not a part of Divorce , Unless,  on Application made to it for a purpose,  under section 24 and 25 of  HMA ,by either the  husband or the  wife , court may grant the Maintenance

Srinivas (.)     09 March 2014

Hi All,

Is husband file Maintance case  after Divorce to give money if wife dont file Maintance case? because we have written on agreement paper  to give money Rs.8 lakhs after Divorce and withdrawing all cases(498a case moved to lokadalat and judge given last hearing date on 21.05.2014)?

 

Now my wife filed Divorce case only under sec 13 ia,ib to get Divorce within a month.(Divorce first hearing on 18.03.2014 but not yet received divorce summons from court).

 

1) If my wife dont file Maintance case,Can I file Maintance case to give  Rs.8 lakhs as perminent alimony? If so where can I file Maintance case?

 Please advise. Thanks in advise.

Shantanu Wavhal (Worker)     09 March 2014

my god !!

srinivas, discuss with your lawyer / u can call me.

Srinivas (.)     10 March 2014

Hi All, Pls see explained above my situation, If my wife dont file Maintance case,Can I file Maintance case to give  Rs.8 lakhs as perminent alimony? If so where can I file Maintance case? @Amit,pls provide me contact number. Please advise. Thanks in advise.

Sameer12345 (SSE)     10 March 2014

No, if no application is made for maintenance, than there should be no order for maintenance during and after divorce.

 

 

https://timesofindia.indiatimes.com/city/mumbai/No-alimony-if-wife-hasnt-sought-it/articleshow/31755288.cms

 

 

While happy that he got a divorce, the husband complained that the family court had ordered him to pay a monthly maintenance of Rs 8,000 to his wife and Rs 4,000 to their son under section 25 of the Hindu Marriage Act. He said the section provides that "only on an application being made for maintenance, the court may order payment of any amount as maintenance". Not otherwise, he argued. 

The HC observed, "The crucial words are "on an application being made to the court", and said, "In the present case, it is clear that no application had been made by the wife for maintenance for herself and for the son. There are no prayers made on behalf of the wife for maintenance. In such case, the family court ought not to have granted maintenance to the wife or the son." 

Srinivas (.)     10 March 2014

Hi,Thanks for quick advise.

You mean to say, After Divorce she doesn't have right to file maintance case? (If wife filed Divorce under sec 13 ia,ib )

Please advise.Thanks for ur time........


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