Divorce petition - lumpsum permanent alimony

Adv. Deepak (Querist) 08 August 2013 This query is : Resolved
Resp. Experts,

Filed Divorce Petition under section 13(1)(ia)on the ground of cruelty and sought lumpsum alimony from Respondent. Court has not framed separate issue for lumpsum alimony. Is separate issue for lumpsum alimony required to be framed by the Court? If cruelty is established, then in the absence of separate issue for lumpsum permanent alimony, is Court bound to consider the case for lumpsum permanent alimony when it is prayed for?

Are there any supporting judgements?

Kindly extend your valuable guidance.

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V R SHROFF (Expert) 08 August 2013
FIRST THINK OF ALLOWING DIVORCE.

After a Decade??
Who need divorce Urgently??
So what can be paid to whom??

AND what are the provisions in 13(i) (ia) of HM Act.

It seems, in ur case your client is a WIFE who demanded Divorce. Certainly she is earning too?? So where she stand???

Advocate M.Bhadra (Expert) 08 August 2013
There is no provision of lump-sum amount,it is discretion of court or most of the cases may be mutually settled.

Section 24 in The Hindu Marriage Act, 1955
--- Maintenance Pen-dente lite and expenses proceedings. Where in any proceeding under this Act it appears to the court that either the wife or the husband, as the case may be, has no independent
income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioner' s own income and the income of the respondent, it may seem to the court to be reasonable.

Section 25 in The Hindu Marriage Act, 1955
---Permanent alimony and maintenance.
(1) Any court exercising jurisdiction under this Act may, at the time of passing any decree or at any time subsequent thereto, on application made to it for the purpose by either the wife or the husband, as the case may be, order that the respondent shall 1[ pay to the applicant for her or his maintenance and support such gross sum or such monthly or periodical sum for a term not exceeding the life of the applicant as, having regard to the respondent' s own income and other property, if any, the income and other property of the applicant, 2[ the conduct of the parties and other circumstances of the case], it may seem to the court to be just, and any such payment may be secured, if necessary, by a charge on the immovable property of the respondent.
(2) If the court is satisfied that there is a change in the circumstances of either party at any time after it has made an order under sub- section (1), it may at the instance of either party, vary, modify or rescind any such order in such manner as the court may deem just.
(3) If the court is satisfied that the party in whose favour an order has been made under this section has re- married or, if such party is the wife, that she has not remained chaste, or, if such party is the husband, that he has had sexual intercourse with any woman outside wedlock.