LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

himanshu (Design Engineer)     11 January 2015

Permanent alimony

sir,

i am fighting a divorce case against my wife..

please tell me the following :

1. how the permanent alimony amount is decided at the time of divorce.

2. In case the wife appeals whether i need to give that amount....

3. what is the time period to appeal against the order of divorce in high court...

4. In case the case is being filed in Bhopal ....appeal can be filed in MP high court or any high court of india...

thanks and regards



Learning

 4 Replies

Laxmi Kant Joshi (Advocate )     11 January 2015

1&2. Permanent alimony is not decided by the court , if you both parties are agree in certain amount as one time settlement in your divorce case is permanent alimony. 3. Appeal can be done within 90 days in the high court against divorce decree .4. Appeal can only be done in the high court of M.P.

Advocate Ravinder (Advocate/Attorney)     12 January 2015

I Agree with Laxmi kanth Joshi.

T. Kalaiselvan, Advocate (Advocate)     16 January 2015

The opinions rendered by learned Mr. Lakshmi Kant Joshi are perfect, nothing more to add.

Prabhajot (Design Engineer)     24 January 2015

SIr

I think the reply to query 1 is not correct:

i am reiterating Clause 25 of HMA here first

Permanent 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 55 [***] 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 56 [, 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."
 
now as per this either court can decide at the time of marriage or the person can file separate application under section 25 of HMA for permanent alimony..
please comment on my view ....
 

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register