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Baadal khurana (none)     10 February 2014

Maintenance /alimony/ itrs

Experts,

your advice on following query will be GREATLY appreciated

In the case of Mutual consent divorce, If petition say that both spouses are separating form each other without any maintenance,alimony or any other demands, can judge still ask one party to pay maintenance/alimony to other party?  [one party did not mention  any income in MCD petition while other party is specifying income]

Case detail:  Both parties have very good education and working before marriage. After marriage both parties have source of income however source details are not known. Is there anyway one party can get other party's Income tax return ?



Learning

 1 Replies

Dr J C Vashista (Advocate)     10 February 2014

The Court will definetly ask the wife regarding settlement of alimony, if she donot want or states it is settled, it will be recorded accordingly. However, the Judge can not compel her (wife) to seek any money from her husband.

It is a social security measure and mandate in favour of Wife.


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