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Regarding contested divorce

Kya contested divorce me alimony deni padti h..
myself Abhishek
husband


Learning

 6 Replies

Archit Uniyal   21 April 2020

Hi,

A contested divorce is the second kind of divorce that can be opted for when one spouse i.e. the husband or wife wishes to file a divorce against the other and the latter does not consent to this divorce. As the name suggests, the divorce petition is contested by the non-consenting spouse and is, therefore, a one-sided divorce.

In contested matters, the court intervenes and decides the issue of alimony/maintenance on the merits of each case. The power of the court to grant alimony is not limited to cases where the decree is obtained by the wife. Courts have powers to grant alimony to the wife even where the husband is granted a decree. It is quite possible there may be no alimony/maintenance awarded at all depending upon the facts and circumstances of the case. Assessment of the amount of permanent alimony is entirely the court's discretion.

In case of a contested divorce, often spouses fail to come to any understanding regarding alimony. In such situations, the court takes up the task of making a decision on the amount of alimony to be paid.

Alimony is generally not granted to the seeking spouse if he or she is already receiving support during the time of divorce. Although the rewarding of alimony can be revised in such events based on the arguments for claiming the support.

In case of a contested divorce, often spouses fail to come to any understanding regarding alimony. In such situations, the court takes up the task of making a decision on the amount of alimony to be paid. Only under certain compelling situations, the court steps out to change the already framed alimony. Sometimes the court might even hand over the burden of paying for the maintenance to a public body.

2 Like

Sunil Kumar   21 April 2020

I also agree with u
1 Like

Raghav Arora   22 April 2020

Om Prakash Saab. Why don't you do it for us? it would be so much more appreciated than just suggestions, coz suggestions do not solve problems. The ones copying will also learn.
1 Like

Raghav Arora   22 April 2020

Prakash Ji, the suggestions are irritating when they do not come with a solution/example. This discourages those who are at least taking time to copy and paste. May be some other expert lands here, reads the copy pasted comment and writes it in an easier language. By writing all this you decrease the possibility of that happening, discourage other experts and add absolutely nothing here.

and what is the issue with copying court's content? Has the court objected? Will the court object? it is good that the opinion is being circulated.

I am sure the querist under much more by reading Archit Uniyal's reply (Be it 20% of it) than your suggestion. Because even 100% of your suggestion would not come in use to anyone whosoever.

IDK if there is any grudge you hold against the expert or something, that you keep bugging and he keeps ignoring and doing his work, but this takes a toil on those who are here to learn, and these suggestions disrupt it.
2 Like

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     22 April 2020

Originally posted by : OM PRAKASH
Please don't just copy paste from the Court's text. Make it simple in the common man's language. I have previously also suggested so.

BEWARE of people like "OM PRAKASH" (a Frustrated & poisonous forked tongue Expert), wherein he continously spews out his Frustrations against various voluntary EXPERTS and the QUERISTS of this Forum. ONLY NEGATIVE CRITICISM, WITHOUT ANY MEANINGFUL OR CONSTRUCTIVE ADVISE.

1 Like

P. Venu (Advocate)     22 April 2020

In a case of contested divore, the Judgment/Order will take care of all the aspects basing upon the facts pleaded, evidence adduced and the arguments advanced.


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