Please help on Last Alimoney
Ajay Kumar Reddy
(Querist) 19 June 2011
This query is : Resolved
I have got divorced on 15th April 2010 from family court on the cruelty basis. I have proved her cruelty, he has applied sec27 application on the sec.13 but at that time court has written in his order sheet that it will decide on order time. She is residing in my purchased house, I am paying EMI of that house also. Last alimony is not decided by Family Court. Then she has gone for appeal High Court also against Family court decision. In that application she has not mentioned for last alimony in her petition also. High Court is also decided in my favour. He has given the decision in my favour. My question is following:-
1. Weather she is entitle for last alimony.
2. What is the time period for apply of last alimony?
3. If she will apply then how I defend ?
4. She is also working and getting Rs.25,000/- salary and we have two children also for that I m paying Rs.1700/- as on maintenance. The how much alimony can be decided by Family Court?
5. Can family court decide the judgment give as last alimony of my purchased house?
Ajay Kumar Reddy
prabhakar singh
(Expert) 19 June 2011
Q1). Weather she is entitle for last alimony.
answer:YES
Q2).2. What is the time period for apply of last alimony
answer2)she can ask for it in the same very proceedings of divorce.
Q3).3. If she will apply then how I defend ?
You can defend only on quantum, i mean on sum demanded but not on her right to demand,all is subject your status ,income,and her own means of maintenance.
Q4) She is also working and getting Rs. 25,000/- salary and we have two children also for that I m paying Rs. 1700/- as on maintenance. The how much alimony can be decided by Family Court?
ANSWER: Set up this fact as objection to her demand.
Q5) Can family court decide the judgment give as last alimony of my purchased house?
NO!The court will simply order you to pay.In case you fail to pay then on her application the court will proceed to realize it from your properties ,movables or immovables.
