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when to file permanent alimony in contested divorce case

Housewife

My husband has filed for Divorce in Family Court Jaipur .I am contesting it.My lawyer has colluded with opposite lawyer it seems because

1- after the evidence of my husband she has started telling me that your husband will get divorce and you will not get any permanent alimony as you did not as ask for it in your written statement. She is telling me in Family Court Jaipur this is the practice being followed and nothing can be done now.

2-My husband made many false statement in his evidence and cross. so after my husbands evidence i asked my lawyer to file perjury under section 340 read with section 195  in same court. My lawyer was not willing but when i insisted Lawyer told me it will be filed as separate miscellaneous case.Family Court Judge noted in the perjury file that he will decide this application while taking final decision in divorce case.Again lawyer says this is the practice in Jaipur Family Court.Is this correct procedure?

My husband is financially very sound and his lawyer manages to collude with my lawyer.My previous lawyer let the divorce proceedings run even when maintenance case under section 24 was not decided.When I told him that first section 24 should be decided she said that in Family court Jaipur this is the practice and law etc does not matter here.So I hired another lawyer.Now she is also saying same thing that law etc does not matter and in Family Court Jaipur things are done like this only and its better that I should just keep my mouth shut.

Please let me know the correct procedure

1-when to file permanent alimony.husbands evidence and cross is over .my evidence is yet to be recorded.

2-if judge has refused to decide perjury application do i have any remedy ?

Thanks

 
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Lawyer at Supreme Court of India

Mam, 

 

You don't have to wait for any stage, you can file the application for permanent alimony at any stage and I fail why the judge refuses to order the matter ..... 

 

Hire a competant lawyer and get your cases contested on merits ..... 

 

Warm Regards 

Kapil Chandna Advocate 

9899011450,9911218741

https://kapilchandnaadvocate.wordpress.com/


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Petition for permanent alimony can be filed at any stage of proceedings .

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  1. One can file for Permanent Alimony under various provisions of law, therefore, it does not really matter as to what stage your current matter is at.
  2. Moreover, if the Judge has passed the order refusing your application u/s 340, in my opinion, you can file an appeal against the said order of refusal. 

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N.A

Originally posted by : estranged wife
My husband has filed for Divorce in Family Court Jaipur .I am contesting it.My lawyer has colluded with opposite lawyer it seems because

1- after the evidence of my husband she has started telling me that your husband will get divorce and you will not get any permanent alimony as you did not as ask for it in your written statement. She is telling me in Family Court Jaipur this is the practice being followed and nothing can be done now.

2-My husband made many false statement in his evidence and cross. so after my husbands evidence i asked my lawyer to file perjury under section 340 read with section 195  in same court. My lawyer was not willing but when i insisted Lawyer told me it will be filed as separate miscellaneous case.Family Court Judge noted in the perjury file that he will decide this application while taking final decision in divorce case.Again lawyer says this is the practice in Jaipur Family Court.Is this correct procedure?

My husband is financially very sound and his lawyer manages to collude with my lawyer.My previous lawyer let the divorce proceedings run even when maintenance case under section 24 was not decided.When I told him that first section 24 should be decided she said that in Family court Jaipur this is the practice and law etc does not matter here.So I hired another lawyer.Now she is also saying same thing that law etc does not matter and in Family Court Jaipur things are done like this only and its better that I should just keep my mouth shut.

Please let me know the correct procedure

1-when to file permanent alimony.husbands evidence and cross is over .my evidence is yet to be recorded.

2-if judge has refused to decide perjury application do i have any remedy ?

Thanks

 

May I know, what is your purpose to oppose the divorce proceedings? 

Why don't you settle the matter amicabily rather than harrasing yourself in court? As you yourself stated that your husband is financially sound. 

Court proceedings will take decade or more to decide and in the end you will not get anything, So better to focus on your own life.


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N.A

As regarding to your query. Mr Arjun Kohli is right that you can file application of permanent alimony at any stage. You may appeal for perjury case but it may not be helpful to you because trial courts don't want to take any action on perjury and there are both types of views of HC. Some HC says that in matrimonial cases perjury should be decided at the end and some says it should be decided before. So all depends on how your lawyer represent your case and on your luck


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Housewife

Thankyou All for replying to my query.

 

 

 
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Lawyer

@ Estranged Wife,

You are anonymous and I am not inclined to reply any anonymous author.

Engage a new lawyer if you have lost faith in your lawyer.


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Free legal advice and legal aid cell

1.  When husband will get divorce or not will be decided on the basis of evidence led before the court.  So, your advocate should not have been cock sure about the verdict.

2.  Your advocate is right.  S. 340 will be different proceedings.  As the court told that about the fate of S.340 would be decided with divorce petition, you should wait till that time.  If the court observes that perjury caused, then you can proceed in that direction.

3.  Your advocate is wrong.  If section 24 is pending, you should insist court that first dispose that application before proceedings further.  There are a number of SC and HC cases, where it was held that S. 24 application has to be disposed first before proceeding further.  Your advocate require to put some more hard work.

4.  Again your advocate is wrong.  Permanent alimony is in Section 25.  The section says - "Any court exerising jurisdiction under this Act, may, at any time of passing any decree or at any time subsequent thereto, on application made to it for the purpose....."

It means you can file such application during the proceedings OR EVEN AT THE TIME OF PASSING DECREE OR EVEN AFTER THAT.

So, nothing  harm has happened to you, if you have not filed permanent alimony application.  If I would be your advocate, I would not move an application till divorce decree is granted. 

First insist that S.24 be disposed off.  There is still a whale of  time to move application for permanent alimony under Section 25.


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FIN

This is a thread with enriching discussion.

You can benefit from it.


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