Can i pray the court to give order for permanent alimony

mr.dv.  under section 125, no provisions for permanent alimony. your kid is entitled to get it u/s 125, until it attains majority.no way out from it. if your wife is earning, she too is not entitled to get it u/s 125.  you are misguided regarding permanent alimony and maintenance.either party is entitled to both.so it depends on the circumstances of each case. you are earning only 8 thousands. it will also be considered by court. if your wife is earning no such alimony.better seek divorce. do not care for alimony. plead case carefully. if need arises,call me.prakash chandra jain advocate(ex-district&session judge ) indore-09479848437 F.B. prakash jain.               

Originally posted by : DV victimmmm
	Hello experts: here are few details about my cases: 1. DV case dismissed by JMFC court as allegations were not proved by wife and many were proved to be false. Appeal by wife is pending in session court since last one and half year, Wife just delaying it. Dont forget to file perjury case against wife. my questions are: 1. can I pray Family court to decide permanent alimony so that I can pay my wife one time. It will help me to concentrate more on my family and other personal issues. 2. if answer to first question is yes, what are pros and cons of such request? 3.is permanent alimony in crpc 125 and civil case like HMA 24 is different in nature ? 4. It will be very helpful if someone can tell me approximate amount for permanent alimony. Cureently I am at rate 8 thousand per month Thanks in advance for your valuable suggestions and advice.

It all depends on how much your wife wants and how much you actually can pay, she asking 18 lacs, you cant pay that money.  So option left for you is to make aware to the opposite party that you dont have a proper job, they wanting to get you behind bars for not paying maintenance will only complicate things further, and let them know how much you can pay as one shot alimony, and see what they say.  

Another option is to keep lumpsum money in bank and such interest will go to your wife's account monthly.  This can be arranged.  You can  also ask the court to intervene in this matter of arriving at a lumpsum figure, but when the amounts expected are soaring high, even court wont interfere but will ask parties to arrive at a lumpsum figure themselves.  Hope you know about Dancer Prabhudeva case, he paid so much money that you feel like vomiting.

My advice would be:-  Keep paying maintenance to wife and kid monthly, at end of each year, file application in same court stating your inability to pay under change in circumstances application with proper documentation such as salary slip minus all expenditure equal to take home income, and allow court to readjudicate maintenance each year.  Each year it should be the same procedure, file change in circumstance application and wait for court to decide.  If court will take time to decide on it, let it take time.  You just keep filing application after application each year without fail.  That is how you teach proper lesson to greedy wife, then one fine day she will herself ask give how much ever you want to give and leave you in peace.

Thanks a lot Mr. Jain and Mr. Helping Hand for your reply.

Here is my problem:

1. wife does not want o come back and does not want to give divorce either.

2. Family court judge says pay as per her wish and get divorce otherwise take her back.

I am not sure if I will get divorce from family court even if allegations of my wife are completely false and it has reflected in judgment of JMFC and family court itself.Family court says that she is ready to come back. Wife says I have tried to murder her so she needs it in writing that I  will not try to kill her  gain!!!.Family court judge keeps mum on all false allegations. She says just forget it and forgive her.

is there any way out to close maintenance related proceedings if no settlement is reached?

Appeal in high court is not going anywhere since last 6 months. Filing a divorce case by husband is a sin in this country in the eyes of law.

Originally posted by : DV victimmmm
	Thanks a lot Mr. Jain and Mr. Helping Hand for your reply. Here is my problem: 1. wife does not want o come back and does not want to give divorce either. 2. Family court judge says pay as per her wish and get divorce otherwise take her back. I am not sure if I will get divorce from family court even if allegations of my wife are completely false and it has reflected in judgment of JMFC and family court itself.Family court says that she is ready to come back. Wife says I have tried to murder her so she needs it in writing that I  will not try to kill her  gain!!!.Family court judge keeps mum on all false allegations. She says just forget it and forgive her. is there any way out to close maintenance related proceedings if no settlement is reached? Appeal in high court is not going anywhere since last 6 months. Filing a divorce case by husband is a sin in this country in the eyes of law.

You think that the problem is what you have described above.

But actual problem is you really dont know what you want, you dont know whether you want your wife back or you want divorce.  First decide on what you want.  Then come to a decision and stick  to that decision.  Rest all has been explained to you earlier.