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Rajat   22 January 2021

Maintainance /alimony in exparte divorce

Does the husband (in Hindu marriage act) need to pay alimony, maintenance in case of exparte divorce when wife files 12A?


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 1 Replies

Nirali Nayak   15 June 2021

Hello sir, greetings of the day.
As per your query, the husband under Hindu Marriage Act, may hae to pay alimony and maintenance in case of exparte divorce when wife files 12A. The wife can claim maintenance even in exparte divorce, until she remarries. And there is no limitation in filing maintenance. Generally in case of exparte divorce, only the relief of court is granted by the court. For alimony the wife has to file another petition. If the husband fails to appear in the proceedings to the alimony petition, then it might be decided against him and he has to go by the court’s order. Alimony is fixed by the court based on the information provided in the petition case. This takes into account various other things like the wife’s educational background, whether she is working or if she has any other source of income etc. But if the husband appears in the proceedings, he can sight situations like his parents are dependent on him and he have other liabilities, which will reduce the alimony amount. 
Hope this answers your question.
Regards
Nirali Nayak
Law Student


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