Pendente lilite allimony will get or not?

Dear Deb

the alimony can not getting alimony pendente lilite but interim maintinance may be granted

It is maintenance Pendente Lite and would be granted from the date of filing of application for Maintenance Pendente Lite.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

dont take lite...

would be granted from the date of filing of application for Maintenance Pendente Lite

Provided  and only untill the court case pendingf hearing. it stop the day litigation end. not granted if wife working or have income, and as she faild to apply in main suit, lethargic, can be considered to  reject appli at appeal stage 

The interim maintenance u/s 24 HMA and/or 125 Cr. PC may be granted either from the date of application or date of order, which depends upon number of factors, circumstances, pleadings and arguments/presentation of the case.

The maintenance and litigation expenses may be allowed  u/s 24 HMA when/if you do not have any source of income.

answer are not clear, so please clear me respected mans "child  will get  or not alimoney pendentilite during the period  from the  date of  application of set-asite TO date of restoration of degree of divorce if any?

facts:  a divorce suit filed by husband, husband got expoertee degree. , after that wife filed an appliction to restore the divorce suit.

added facts:  district judge passed allimony pentilite for minor child before expertee decree of divorce(divorce in favour of husband)     ,after that wife filed  a case to set-aside the degree (expertee degree),    under this condition  child will get alimony pendentilite or not during the period  from the  date of application for  set -aside  to degree/order of set-aside  if any? if not set -aside degree/order  then what will be about child pendentilite?

Your query is not clear to me now.

husband filed divorce suit, wife was fighting that suit, court passed pendentilite allimony for child(wife servicing in govt.) , latet on court passed expertee degree in favour of husband of the above matrimonial suit, then wife filed a misc. case for praying to set-aside the degree of divorce, misc. case is pending,under this condition:---------

1.  child will get  or not get pendentilite alimoney on the basis of above order passed by the court during the time period from misc case filed ( for set-aside ) to  date of order of set-aside a) if will pass    b) if will dismiss the misc. case

@ Author

1. Based on grounds / merits the set aside / restoration ex parte decree in divorce proceedings shall be passed. One can't tell unless arguments takes place and there is a Order on merit from Court but mostly it is done as no party should suffer due to lack of technicalities.


2. It seems during his divorce proceedings you filed maint. (interim) application and afterwards due to some XYZ reasons (i.e. some fault of respondent wife side) the main petition (that is for divorce) was ex partied but before ex parte the divorce case the Court validly allowed interim maint. for child. Afterwards when respondent side got wind of a ex parte decree in divorce granted to husband your side filed a set -aside / restoration application with your set of grounds and that matter is pending final decision (i.e. if ex parte order was rightly done or it should go back to contest stage that is what Court is now going to decide on merit other than will interim maint granted to child will continue during these stage is your main worry before us - right!). 


3. Hence in these facts the interim maint. will accumulate from the date the ex parte Order in a divorce proceeding announced and your Application to set – aside / restoration the decree passed there has no bearing if it (means interim maint. to child) to be given from date of ex parte decree or from date of filign yoru Application for set-aside / restoration is my opinion. Even husband (successful party herein) cannot file any stay and or dismissal of interim maint. granted for child. In ex parte decrees the Court has much larger role to play and in my opinion passing interim maint. for child was rightly decision as your husband proved successfully (in a ex parte manner) that his grounds seeking divorce are true as well as maint. to wife cannot be given as per all paras of his allegations (u in a govt. service etc.) therein and since you / your side were probably not there at final arguments stage (whatever) and following due process of law various stages (showcause notice to yout o appear OR substituted service etc.) it was finally ex partied. This is what probably may be the other facts (PERIOD)


4. Infact what you should do is to file for Execution of interim maint. which was allowed for child as even during and after ex parte such interim maint. allowed for child survives till child attains major age as per Law. BTW when your side filed for application for restoration your side could never ask for stay of interim maint. for child already allowed in THAT ex parte order is it not true ! And your husband can also never pray to stay same during admission hearing of your restoration application as it will show him in bad light irrespective the poutcome of your application true or not tell yourself :-)


So bottom line you will succeed in setting aside / restoration ex parte divorce decree as well as succeed in executing interim maint.  awarded for child from the date ex Parte Order was passed and not from the date set-aside ex parte Order application is filed so relax wait for next date when adjudication of your set - aside / restoration application arguments happen followed by Order on your application takes place (irirespective int. maint. meter will continue from the date it was first passed).

If wife's application to set aside ex-parte divorce decree is allowed, the child will get maintenance pendente lite, not just from the date of filing the application by the wife  to set aside exparte decree, but from the date when the ex-parte divorce decree is granted in favour of husband.   If wife's above said application is dismissed, the child will not get interim maintenance pendente lite. 

she was supposed to get degree from 1947... but you dont have to pay from that time... because there is an amendment and now only patent is lite... minor will not get alimony... only money...

Is the answers clear>

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com