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justice wanted (adg)     31 December 2013

Maintenance

husband filed divorce and won the case at lower court on ground of cruelty and desertion. wife appealed at HC. but husband was in live-in relationship before getting divorce and has two kids out of this live-in-relationship. now wife is suffering from life threatening disease though she is working but it is difficult for her to work. HC ordered compensation on ground of medical. Kindly guide me  what are the things that would be taken into consideration for compensation? what is alimony. is there any difference between compensation and alimony?



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 7 Replies

gautam (not disclosed)     31 December 2013

Were you paying maintenance till now? 

As long the divorce decree not upheld by the HC, till that time you need to pay maintenance

when divorce is granted she will be entitled from alimony, just make sure she is indeed suffering from life threatening disease and not a ploy to extract more money out of you

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     31 December 2013

state detail facts for best advise

justice wanted (adg)     31 December 2013

Sir, She is suffering from Cancer for last four years. she got reimbursement for her medical expenses partly as per rules of her office. Other expenses like her diet , the people /servants who are supporting her, even she had to hire attendants during her chemotherapy, she had to hire donors for blood transfusion, which are not reimbursed. Most of the time she was on leave, but she tried her level best to attend her office so that she can get her salary.Besides this she had gone for other types of  desi medicines, homeopathy which are not reimbursed by her office. If somebody told her to go to some other doctors, she was going there just to get best treatment, even if that treatment has not benefitted her.

gautam (not disclosed)     31 December 2013

If she fights for alimony, then court may award her some on the following factors

Your income,assets.liabilities

Her income,assets, liabilities (here the court will consider her diminishing prospects of employment growth due to ill-health)

T. Kalaiselvan, Advocate (Advocate)     31 December 2013

In this case the compensation towards the medical expenses will be different from the alimony.  Whether she applied for alimony or for medical expenses?

justice wanted (adg)     01 January 2014

She has neither applied for alimony or compensation. But she told before court that she needs to be compensated because she is suffering only because of him. Besides income from office, husband has other income from his flat which he had rented. He had three/four houses and agricultural land, poultry farm , ancestral property  but  not in his name. Recently he had disposed off his car, but using the cars from his office , even if he is not entitled for office car.  She is staying in  office accommodation. My question is that whether she can claim his other incomes also. She does not have any proof of his other income.

T. Kalaiselvan, Advocate (Advocate)     01 January 2014

A mere statement about his other income without confirming the sources will not be considered by the court.  Moreover she claimed compensation only and not alimony, so her claim will be restricted to  her prayer for the relief sought for.


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