Jurisdiction for modifying permanent alimony

 1.    Only ex – part divorce could have been granted and not permanent alimony too to husband in the absence of any application for permanent alimony under S. 25 HMA from wife’s side.

2.    For permanent alimony she can file under S. 125 CrPC in her home city District Court and not necessarily she has to apply u/s 25 HMA in same Family Court which granted her husband ex part divorce which is in another State, though usage of Civil laws finally adjudicates her permanent maintenance claims.

3.    She has also option to set aside the ex part divorce decree.

Thanks a lot  Tajobs sir you have been so helpful as usual.

One more query in continuation of my previous post.  If wife later wants to file a petition under section25 hma for final adjudication of her maint.rights can this also be done at family court in her parental place?

Regards ASHISH

1. To your second query before me the clear reply is NO
2. She cannot be allowed to use S. 25 HMA in her jurisdiction as it is hit by bar of jurisdiction based on facts mentioned in yours first and second query before me.

Tajobs sir I am getting confused by opening line of sec 25'

any court exercising jurisdiction under the act may'

"25Permanent 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 purpose by either the wife or the husband, as the case may be, order that the respondent shall 1[ 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, if any, the income and other property of the applicant, 2[ 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 immovable property of the respondent"

Is it that sec 25 petition can be presented only to the court passing divorce decree? or is it that claims subsequent to decree  are not admissible?your kind help is requested again.

Regards ASHISH

@ Author,

Sure I can help you, but let me see how much you also understand my replies, hence here are basic two questions which you reply first then I will make you understand import of verbatim S. 25 HMA mentioned in your third post ;

Question 1: Let us go back to your first post, I underlined a sentence from your post. Can you clarify to me how come your Court after giving you ex part decree in your own divorce case even gave verdict on permanent alimony too and mind it you are using word ex-part? Can you clarify all these in simple wordings?

Question 2: I would like to know how much you understand meaning of word and phrase “Jurisdiction’ in Civil laws?

The moment you reply back I will reply to your third query too i.e. by late night as I have to go now for a conference call. 

This  blank post has been submitted by mistake.

admin. is requested to pl. delete it

1. Yes you nearly get the meaning out of your own questions. But, she has to file S. 25 HMA only in the Court which granted ex part divorce and not in a Family Court at her parents place as in your brief you plan to seek ex part decree from a Court situated at your place of residence which is not same as your wife's ordinary residence, pleading in the concerned Court this is your jurisdiction hence local trial Court is powered enough to proceed in the case.
2. But never be sure that one will get ex part decree in reference to context so easily as huge responsibility rests on concerned Court to grant or proceed ahead in a ex part case.  I have seen ex part divorce cases reopened even after 4 - 7 years!
3. Do research on S. 125 CrPC as in presented brief wife is stated to be living in a different State and she can invoke it anytime if finds it difficult to sustain daily living costs.
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