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sunny (hardware)     06 November 2021

Uncontested-allowed : alimoney / options to avoid by husband

Hi All,

UNCONTESTED-ALLOWED MEANS [ The husband not attended the case] Wife is working in IT MNC in Manager position.

1. Do the husband need to pay the Alimony for un-contested case ?

2.If in case alimony granted in the case.How to avoid the same and pre-cautions to be taken ?

3.What are the proof wife need to produce to the court to get the alimony from the court ? 

4.Girl Child 7 years old is present What will be her options she can use on Alimony part ?

5. Any advice will be a great help.

I need to pay to my Wife/Daugther with love not by court orders /Forced as it is not a free money . It is my hard earned money working in night shifts

 

With Regards
Sunny

 



Learning

 3 Replies

Dr J C Vashista (Advocate)     06 November 2021

1. Do the husband need to pay the Alimony for un-contested case ?

Definetly if the award is not set aside. 

2.If in case alimony granted in the case.How to avoid the same and pre-cautions to be taken ?

Vague and academic question. Seek guidence of your lawyer.

3.What are the proof wife need to produce to the court to get the alimony from the court ? 

The award has already been stated to have been made in favour of petitioner. However, what is your locus standi i.e., whom do you represent in the case ?

4.Girl Child 7 years old is present What will be her options she can use on Alimony part ?

Whosoever is in custody of the minor girl.
 

P. Venu (Advocate)     13 November 2021

Though uncontested, the defendant/respondent is bound by the decree. 

Megha   02 February 2022

Hi,

Even if the suit is uncontested by you, you are still bound to pay alimony for the maintenance of your wife and the child, if her custody vests with the mother.  This is also provided for in Section 18 of the Hindu Adoptions & Maintenance Act, 1956.  

Your alimony can be reduced if you can prove to the court's satisfaction that your wife is working and is able to maintain herself in the same manner as was teh case before the marriage.  However, this will not entirely take away the claim of alimony, it will only reduce the claim.  The Supreme Court in the case of Chaturbhuj vs. Sitabhai has held that litmus test for grant of maintenance is not whether the wife is earning but whether she is able to maintain herself.  

You can also apply for alteration of allownace under section 127 of the Code of Criminal Procedure, 1973. 

Best regards,
Megha


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