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ancova (student)     13 November 2014

Allimony & maintenance , compensation

1.what is the difference between compensation and alimony.
2. Is maintenance & alimony includes compensation.
3. I am a cancer patient, working, husband was having children during the subsistence of our marriage from another lady, whom he had an affair.

what are the cases can i file. 

what is the rule and procedure for getting alimony. if i applied for alimony and maintenance got settelled then kindly tell me whether I can get compensation. is alimony includes the value of jewellery and other stridhan. how I can get back my stridhan. is there any time limit



Learning

 3 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     13 November 2014

contact a lawyer personally, it will be better

ancova (student)     17 November 2014

wil contact lawyer. but need some guidance before making any final steps. pl help

Adv k . mahesh (advocate)     17 November 2014

Under Hindu Marriage Act you will be cleared by this two sections 24,25 and about stridhan is absolute property of the wife who brings from her parents home as a gift, stridhan while the case is going on you can ask for the same by filing a petition to handover the stridhan with all the articles you have to mention detaily 

24. Maintenance pendente lite and expenses of 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 the petitioner the expenses of 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.

25. 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 purposes by either the wife or the husband, as the case may be, order that the respondent shall 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 of the applicant, 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 immoveable 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 s*xual intercourse with any woman outside wedlock, it may at the instance of the other party vary, modify or rescind any such order in such manner as the court may deem just. 


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