suffering (jj) 10 April 2018

Is permanent alimony after divorce under cruety awarded

Hi,

I have got acquitted in 498a case. So,there will be divorce under mental cruelty. After divorce under mental cruelity can permanent alimony to wife be awarded? And on what basis it will be calculated?

Regards

Mani

Reply Follow

5 Replies

Kumar Doab (FIN) 10 April 2018

IT is your lawyer’s job.

It is decided by courts after considering income of spouse, liabilities, social status, standard of living other spouse before/after marriage, vintage of marriage, number of children , other spouse before/after marriage, if spouse has remarried…………..and facts of the matter place before court.

From your side put up our contentions before court in plaint and convince presiding officer.

I am sending you a few links and you may pick up relevant points…

Kumar Doab (FIN) 10 April 2018

IN cases of cruelty IT can be a tricky matter...

Take help of your own very able senior LOCAL counsel of unshakable repute and integrity specializing in Family matters and having successful track record ….. and worth his/her salt …

GO thru;

Hindu Adoption and Maintenance Act, 1956;

CHAPTER III

MAINTENANCE

18. Maintenance of wife-

https://tcw.nic.in/Acts/Hindu%20adoption%20and%20Maintenance%20Act.pdf

THE HINDU MARRIAGE ACT, 1955

23-A. Relief for respondent in divorce and other proceedings.-

24. Maintenance pendente lite and expenses of proceedings.-

25. Permanent alimony and maintenance.-

https://highcourtchd.gov.in/hclscc/subpages/pdf_files/4.pdf

Kumar Doab (FIN) 10 April 2018

An adulterous spouse may not get maintenance ( after court is convinced of charge)..

GO thru Carefully;

Central Government Act

Section 125 in The Code Of Criminal Procedure, 1973;

125. Order for maintenance of wives, children and parents.

(4) No Wife shall be entitled to receive an allowance from her husband under this section if 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.

https://indiankanoon.org/doc/1056396/