mangala (asst) 24 December 2010
hi, one of my friend has filed petition for divorce.she is staying seprate with 2 yrs old daughter.her case is running u/s125.she is demanded almoney of Rs 10 lac from her husband .she is not working women.Will she get it if husband is nt in a position to pay that amount? what is criteria for almoney.Is amount is decided by court?
Court can decide the matter according to the husband income,position,life style etc.
If she ask 10 lakh and husband is not in a position to give then better to run the case i.e,fight the cas and lets see what happen next.
court give the alimoney accrding to the income ,lifestyle ,job etc.so fight your case.
If she left husband then she is not entitle for maintenane read the section 125 of crpc,1973
(4) No wife shall be entitled to receive an allowance from her husband under this section she is living in adultery, or if, without any sufficient reason, she refuses to live with her, husband, or if they are living separately by mutual consent.
Asgher Mahdi (Advocate & Legal Advisor) 30 December 2010
No, the quatum of alimoney will be decided upon the earining of the Husband, even if he fails, civil prision may be pressed. Further, maintance claiming under sec 125 of Cr.PC is from Rs.500/- upto the discretion of the court based onthe criterion of earning of the husband.
Adv B.B.Gambhir #9814820602 (advocate) 03 January 2011
in divorce petition your friend can file a misclleneous petition i.e. petition under section 25 of Hindu Marriage Act for permanent alimony. tried to prove the well status of her husband. your friend will get as much as permanent alimony as possible.
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