LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

FightForCause (Businessman)     14 May 2015

Maintenance/alimony in divorce

Hi Experts,

recently wife files Divorce with 3 prayers

  1. to grant decree of divorce
  2. Just and necessary orders passed during disposal of the petition
  3. She should be allowed to alter, amend or add her application as and when found necessary in the interest of justice.

 

My Qyueries

  1. From above she has not asked any alimony or maintenance , I read section 24 she can ask for interim maintenance , but can she now ask for permanent alimony/maintenace later?
  2. On what basis she will be allowed to amend the application? will it be in terms of prayers or even the contents of application be changed?

Note: I have a minor daughter with my wife and wife earns equals to me. Wife has put DV and 498a case and maintenance to child is awarded 4000/- per month.

DV , 498a and Divorce petition are almost similar in nature in terms of allegations.  498a case Cross examination of petitioner started while DV cases she has withdrawn due to no evidence and to stop visitation of daughter granted u/s 21 of DV act.

 

 



Learning

 5 Replies

FightForCause (Businessman)     14 May 2015

Experts please guide.

Prashant Ghai (Advocate) (PrashantGhai.com)     16 May 2015

What she has filed is a PETITION....what she can/will file is an APPLICATION u/s 24 of the HMA for Interim Maintenance.

FightForCause (Businessman)     18 May 2015

Thanks Adv Prashant,

This i knew she can file interim under section 24.

  1. My question is when is Alimony demand / monthly payment demanded, is it during the divorce proceedings or it is after divorce is pronounced and then a new application is made.
  2. And on what basis she is allowed to amend the PETITION.

 

Adv k . mahesh (advocate)     18 May 2015

1. My question is when is Alimony demand / monthly payment demanded, is it during the divorce proceedings or it is after divorce is pronounced and then a new application is made. she can make a petition before finalisation of divorce decree is granted 2. And on what basis she is allowed to amend the PETITION. for her survival after marriage is dissolved
1 Like

FightForCause (Businessman)     18 May 2015

Thanks Mahesh Sir,

If i Earn 10X , she earns 8X. She has my daughter aged 4 years.

From what i have understood , before the divorce decree is given she can ask for Alimony/Maintenance for daughter but not for her if she earns sufficiently. As we both want divorce and even if she do not proof her allegations then also I will have to pay for daughter( Which is acceptable if i get enough access/custody ) and nothing for my wife. 

If i prove my allegations no question of paying anything to wife .

 

Also i will be given an option to pay lumpsum or monthly ( as per various threads in the forum )


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register