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RajendraGD001 (Other)     03 September 2022

Time period to file claim for alimony

I have now been granted divorce on grounds on cruelty and desertion by wife. Family court did not accept adultery evidences etc. Note that I have earlier been acquitted in 498a,506.
Few questions:

  1. Can my wife (working) now file claim for Alimony
  2. Is there a FIXED time period after divorce decree within which she can file claim for Alimony
  3. What about Maintenance ? Can she file that too if she doesn't get married again


Thank you in advance.


 5 Replies

Krishna   04 September 2022

She can file maintenance u/s 125 Crpc

Dr J C Vashista (Advocate)     04 September 2022

She is entitled for alimony for her life time or gets remarried, there is no limitation for filing a case for her maintenance even if a decree of divorce is granted.

Whether the question of alimony has not been considered and decided by the Family Court granting you a decree of divorce on the grounds of cruelty and desertion by wife, as stated by you ?

RajendraGD001 (Other)     04 September 2022

Thank you.

Please note that there was NO application/claim for Alimony or Maintenance made by ex during the entire divorce proceeding which has now been awarded to me on grounds of cruely and desertion (as per court , itdidnt get enough evidence from me for Adultery).

P. Venu (Advocate)     04 September 2022

The ex-wife can seek maintainance, so long as she is not remarried, if she is unable to support herself.

Dr J C Vashista (Advocate)     05 September 2022

She can claim during her life time 


she gets remarried

whichever is earlier.

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