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Seshu (Service)     05 April 2009

Alimoney Case

My wife has filed a divorce petition and obtained expartee decree in 2008 putting false allegations and cheating us. Later  she filed for permanent alimoney.  Neither in the divorce petition  nor in the Sec 428 case she mentioned for alimoney. Later after obtaining the expartee decree she filed for an alimoney. Is she eligible for permanent alimoney. She is earing a handsome salary.  Also i heard that in one of the  cases in Punjab that there was a similar case filed and the court has dismissed the alimoney case stating that once the divorce is obtained, the lady is not eligible for filing any cases.

Please advise



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 2 Replies

Prabhat Kumar (Advocate)     06 April 2009

Yes, she can file the case of permanent alimony against you but she will be entitiled for the same only if she has no sufficient income to live the way, which she was living in the matramonial home with you.


Your Punjab and Haryana judgment appears to be imaginary, however I will be obliged if you the citation of the case Law.


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