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estranged wife (Housewife)     25 April 2017

Wife can ask alimony at time of filing ws only, not later

Husband filed for Divorce under section 13 HMA. I am contesting it. WS from my side was filed by a lawyer.Later I changed my lawyer.Present lawyer is telling me that if husbands Divorce petition is accepted I will not be granted permanent alimony because I have not asked for it.I said ok ask for it now.She said you can not ask for it now because case is now at evidence stage and husbands examination and cross is over.Please suggest a legal remedy.Thanks


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 4 Replies

Mukesh sharma (job )     25 April 2017

Hello you file your alimoney case any time you its not imporant you file when you file your case , but court not accept without your application you filed and once you file case court will accept. 

 

1 Like

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     26 April 2017

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.

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sai narayana   26 April 2017

Permanent Alimony under S25 that may be in installments or lumpsum whatever it may be, you can be apply even after the Decree of Divorce.

If yo are also interested in Divorce, then better start negotiations for mutual divorce by asking the court to refer your case to lok adalat or court reconciliation or any external counselling center, if it fails then only proceed further in the ongoing case.

1 Like

estranged wife (Housewife)     27 April 2017

Thankyou Mr SaiNarayana and Mr.Ramachary

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