Last alimony
Ajay Kumar Reddy
(Querist) 11 May 2013
This query is : Resolved
I filed sec.13 againt my wife family court, Durg (C.G.) has given divorce on the crulty ground. She has given application of last alimony but family court has no decided and he has not given any last alimony. She is working and getting Rs.25,000 monthly salary also. She has applied Se.125 also but it was rejected by family court. She has appealed against divorce on High Court but Divorce decision is gone in my favour. High court is also not provided last alimony. My qery is:_
1. In law there anything mentioned that who will get divorce on crulty basis she cant get last alimony?
2. If she will apply then how i will protect?
So please clarify and oblige me.
Regards,
Ajay Reddy
prabhakar singh
(Expert) 11 May 2013
1.Grant of divorce on the ground of cruelty does not mean that wife shall be refused alimony then 2.you can not deny to pay.It is quantum on which contest may go on.
In U.Sree vs. U.srinivas where also the divorce was granted on ground of cruelty by wife to husband, the APEX COURT spoke:
"As a decree is passed, the wife is entitled to permanent alimony for her sustenance. Be it stated, while granting permanent alimony, no arithmetic formula can be adopted as there cannot be mathematical exactitude. It shall depend upon the status of the parties, their respective social needs, the financial capacity of the husband and other obligations."
It further discussed "In Vinny Parmvir Parmar v. Parmvir Parmar , while dealing with the concept of permanent alimony, this Court has observed that while granting permanent alimony, the Court is required to take note of the fact that the amount of maintenance fixed for the wife should be such as she can live in reasonable comfort considering her status and the mode of life she was used to when she lived with her husband. At the same time, the amount so fixed cannot be excessive or affect the living condition of the other party."
The court further laid "Be that as it may, it is the duty of the Court to see that the wife lives with dignity and comfort and not in penury. The living need not be luxurious but simultaneously she should not be left to live in discomfort.
The Court has to act with pragmatic sensibility to such an issue so that the wife does not meet any kind of man-made misfortune."
J. [K. S. Radhakrishnan] J. [Dipak Misra]J.
December 11, 2012
Devajyoti Barman
(Expert) 11 May 2013
Grant of divorce is no restraint to apply for alimony as decided in the decision above.
H.M.Patnaik
(Expert) 11 May 2013
Considered opinion of learned Mr. Prabhakar is adequate to clear your doubts.
