Permanent alimony and hma amendment

Tajobs sir thanks a lot for your comprehensive reply.

Still some doubts persist and clarification will help many of us . quoting from section13F (1) Without prejudice to any custom or usage or any other law for the time being in force, the court may, at the time of passing of the decree under section 13C on a petition made by the wife, order that the husband shall give for her and children as defined in section 13E, such compensation which shall include a share in his share of the immovable property (other than inherited or inheritable immovable property) and such amount by way of share in movable property, if any, towards the settlement of her claim, as the court may deem just and equitable".

Sec25 refers to payment  'for maintenance and support'. If sec25 is still valid for sec 13F  words'just and equitable' mentioned in sec 13F should get qualified and interpreted in terms of sec 25 viz. 'for maint. and support.' As various judgements,while deciding alimony have held that 'wife should neither live in penury nor luxury'.

My point is sec 13F read with sec25 should still give total compensation which is needed for her to maintain the same lifestyle as she used to in her matrimonial home.Imean it should be no profit no loss case financially for wife.She cannot earn profit out of divorce.Of course it is to be seen how higher courts will interpret sec13F in light of sec 25.Any further thoughts on this will be very helpful.

Regards

ASHISH

Ashish Object and reasons for amendment bill nowhere mentions that act is modified to enable wife to get better compenstion. all it says is"

5. Having regard to the recommendations of the Law Commission of India and the

observations of the Hon'ble Supreme Court as aforesaid and the demand from various

quarters, it is proposed to amend the Hindu Marriage Act, 1955 and the Special Marriage Act,

1954 so as to provide for irretrievable breakdown of marriage as a ground ofdivorce

thereunder subject to certain safeguards to the wife and affected children."

Dear Tajob Sir

In the example/hypothetical scenario given below, the main points are

1. Wife leaves home

2. Wife files DV, 498A, 406 etc against in laws. Husband does not file divorce on grounds of cruelty.

3. After 3 years of separation, Wife files divorce under IRBM and seeks alimony u/s 13F.

As per amendment passed in Rajya Sabha, there is a change in section 23 (1) (a) also. Now this section will become

Section 23. Decree in proceedings.-(1) In any proceeding under this Act, whether
defended or not, if the Court is satisfied that-
(a) any of the grounds for granting relief exists and the petitioner except in cases where
the relief is sought by him on the ground specified in sub-clause (a),sub-clause (b) or subclause
(c) of clause (2) of section 5 or in cases where the petition is presented under section 13 is not in any way taking advantage of his or her own wrong or disability for the purpose of such relief, and


My question is :

Can husband object to divorce u/s 13C(IRBM) by citing section 23 (1) (a)?

If yes, then in my opinion, husband can file counter claim of divorce on ground of cruelty and desertion. And if husband can get acquittal before the order of divorce i.e.if he can prove cruelty then he will not have to pay alimony u/s 13F but he may have to pay alimony u/s 25 only (if wife is not working).

Please guide.

Gopal husband can object under sec23(1)a to wife's divorce petition under13(c) provided it is proved that she is responsible for 3 years separation without any fault of husband. this can be easily done if husband wins rcr and wife refuses to cohabit.

Regards ASHOK