RS (PA) 11 July 2013
Hi
Can a court grant an alimony in divorce case even if no petition is filed by wife under HMA25
there are no childrens
it has been proved in the court that wife earns more than 1 lakh/month
the divroce petition is filed by Husband.
the wife has left matrimonal home on her own accrod for better carrer and has been proved in the court.
are there any case laws that can be refered
shriks........... (healyhcare) 11 July 2013
1.divorce and alimony are diffrent....
2. nothing is granted in court until pleaded.....
Adv Archana Deshmukh (Practicing Advocate) 11 July 2013
The court does not suo moto grant alimony if it is not prayed for by the wife.
Gopal Arora (Engineer) 14 July 2013
Hi RS
In K. Srinivas Rao vs D.A. Deepa on 22 February, 2013, supreme court awarded alimony without any application from wife. In one of the order, supreme court has held that court can decide alimony without any application.
If you want to fight then you should fight on the amount of alimony. When wife is already earning 1 lakh per month then what was the need of alimony. There are some judgements on this issue by Bombay , Haryana High court.
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