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Manoj (Speaker)     16 July 2013

Permanent alimony in hma divorce section 25 cpc

@Members

I request Experts / Seniors / Members to answer the below Queries regarding Permanent Alimony.

Matter is in District Court Delhi.

1.     What is the Procedure & Proceedings in Divorce HMA Section 25 for Permanent Alimony ?

2.     Is it required for a wife to file Detailed affidavit ruled by Judge JR Midda Delhi High Court  (Puneet

        Kaur vs Inderjit  Singh Sawhney Case as attached) in section 25 pleadings for Permanent alimony? 

        Or the Detailed Affidavit is not required in Section 25 & only required in Interim Maintenance u/s 24?

Please reply.

Thanks...



Learning

 7 Replies


(Guest)

Manoj:


I am not able to get what you want to know.

 

Regarding affidavit, nothing goes without filing an affidavit, whatever you file as application, affidavit is must and should.


Section 25 CPC is asking permanent alimony when the divorce decree has been granted.

Here too, you should file objections if you think the the judge has awarded more than what you really can pay to your wife as alimony, showing her income, her education, your expenditure and actual take home income.


If permanent alimony has been already awarded and you have not payed, for recovery of such balance she ie your wife wil file application under section 47 of CPC.


If your matrimonial suit which is the divorce petition has been dismissed outright based on merits of case, then judge cannot order you to pay your wife permanent alimony u/s 25 CPC.

Manoj (Speaker)     17 July 2013

@Helping Hand

Case Stage is like below.

Husband Filed HMA Divorce u/s 13(1)(ia) Cruelity Ground in New Delhi Area.

Wife filed WS.

So the questions are

1. At what stages wife can move an application u/s 25 cpc for getting Permanent Alimony in case dvorce happens?

2. Can section 25 CPC application by respondent (wife) be moved even after rejoinder or evidence stage as well ?

3. Also if wife files application u/s 25 cpc then will it be mandatory for wife & Husband to file the detailed Income/Expenditure affidavit as ruled

    by Delhi High Court in section 24 cpc as attached in my initial query.  Or the Normal Affidavit without attached Delhi High Court Format will do

    the purpose ?

4. Does court gives permanent alimony to wife if wife has not filed application u/s 25 cpc in case divorce decree happens on Merits?

Thanks.

Awaiting your +reply.

Manoj (Speaker)     21 July 2013

@Helping Hand

Sir, any thoughts on same ?

Awaiting your expert reply..


(Guest)
Originally posted by : Manoj

@Helping Hand

Case Stage is like below.

Husband Filed HMA Divorce u/s 13(1)(ia) Cruelity Ground in New Delhi Area.

Wife filed WS.

So the questions are

1. At what stages wife can move an application u/s 25 cpc for getting Permanent Alimony in case dvorce happens?

2. Can section 25 CPC application by respondent (wife) be moved even after rejoinder or evidence stage as well ?

3. Also if wife files application u/s 25 cpc then will it be mandatory for wife & Husband to file the detailed Income/Expenditure affidavit as ruled

    by Delhi High Court in section 24 cpc as attached in my initial query.  Or the Normal Affidavit without attached Delhi High Court Format will do

    the purpose ?

4. Does court gives permanent alimony to wife if wife has not filed application u/s 25 cpc in case divorce decree happens on Merits?

Thanks.

Awaiting your +reply.


Permanent alimony application only after divorce is granted, and divorce decree is obtained.  One cannot file 25 CPC for permanent alimony when divorce proceedings are going on or as a rejoinder.  Until the divorce case is running only IA application can be filed at the begining of each year.  For eg:  divorce application filed in 2008, and IA application also flied in January 2008 then that IA orders hold good only for that year, next year ie 2009 january again wife should submit new IA [interim alimony] application.


And rember, if wife does not file her expenditure etc details, you ie husband should file his income details minus expenditure [insurance, power bill, internet bill, phone bill, EMI, loans, medical expenditure] = take home income on that 1/3rd will be calculated.


In filing your reply to 25 CPC you have to follow the same procedure as explained above.


(Guest)

Do not forget to show her educational details, if equally qualified then cannot ask alimony.

Show her property details.

Show her income details, salary details.

If not able to get such details, then ask appointment of court commisioner who will get you such details.


Any more query, please ask, or drop in a PM to me.



Manoj (Speaker)     23 July 2013

@Helping Hand

Thanks for your positive reply.

Sir what i understood from  replies is that wife can claim Permamnent Alimony by filing applicationu/s 25 CPC

only when divorce is granted. And not before than Decree given by Court. No matter wether  Divorce was filed by Husband or by wife.

Then Also court will take a look on the below points in deciding the Alimony.

1. In Whose(spouse) Favor Divorce Decree was ordered.

2. Income, Expenditure, Capibility Chart  will be considered by court before deciding Permanent Alimony.

Please confirm. 


(Guest)
Originally posted by : Manoj

@Helping Hand

Thanks for your positive reply.

Sir what i understood from  replies is that wife can claim Permamnent Alimony by filing applicationu/s 25 CPC

only when divorce is granted. And not before than Decree given by Court. No matter wether  Divorce was filed by Husband or by wife.

Then Also court will take a look on the below points in deciding the Alimony.

1. In Whose(spouse) Favor Divorce Decree was ordered.

2. Income, Expenditure, Capibility Chart  will be considered by court before deciding Permanent Alimony.

Please confirm. 

Only, ONLY if you provide such information, they will look into it.  You dont provide any information, they pass some order looking at what your beautiful wife has asked for, thats all.  Eg:  If she asked 5k they order 5k and so forth.  


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