Lokesh (TL) 06 February 2011
Hi Team,
I need some clarification on Permanent Alimony.
My sister was married 7 years back and she was not able to continue her married life in her In-laws's place for more than 6 months. Due to the cruel treatment. We tried to reconcile issue and was not fruitfull. So we went for court seeking for maintenance and now we are getting the maintenance amount as per court's order. Now we are applying for divorce for my sister, Can we claim for Permanent Alimony.
Regards,Loki
Basavaraj (SOMETHING) 07 February 2011
why you people waited for 6 yrs?...
abhishek (law) 07 February 2011
The cruelty is of of the most strong base on which a women can claim divorce under Hindu Marriage Act and claim alimony under sec. 125 of the Cr.pc...
but u should also see the reasonable cause for delaying for divorce petition.....
Rishi (Ops Exec.) 10 February 2011
It seems that the petitioners of the case tried to reconcile the matter for 6 years as they were hopeful to get matter sorted out naturally in due course of time. Is that reason alone not sufficient to justify the delay in applying for a divorce petition?
abhishek (law) 10 February 2011
if it is proved that petitionr tried to reconcile in said period to the satisfaction to court , then it is sufficient cause for delay....
Rishi (Ops Exec.) 10 February 2011
Most of the times, reconciliation meetings for such conflicts are informal in nature and therefore, are difficult to prove in a court of law. May be one or two instances can be proved but now all.
Does the time elapsed between husband/ wife separation and filing of divorce petition (in this case, 6 years) itself not indicate that the the couple's family was not in the favor of a divorce? Perhaps, there was a hiatus for a long time and no communication happened between the parties. May be girl's family realized it first that a legal course of action is required to close the matter somewhere and they filed a divorce petition.
Rishi (Ops Exec.) 10 February 2011
In that case, what are the options available with the husband to avoid paying the alimony (interim or permanent)?
Also, although it may not be related to this case but I was curious to know if a criminal case also be filed based on the cruelty the wife may have witnessed during her stay with her husband?
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