90,000+ Legal Questions Answered
Ex-parte case
Ex-parte case
1 year ago
I filed a divorce case while my husband conjugal rights case in different cities. Now case has been transferred in my city. His advocate didn't appear in court at said date and judge announced exparte case. My lawer had also filed maintenance claim case along with divorce. Now he is saying firstly get divorce later he will separately file alimony case and I will not get any maintenance ( case was filed last year in January and I have not got anything yet as case went for mediation). We are living seperately since 2016 and my husband has not psid anything yet we have a son too and I am taking care of him. Please guide.
A.Hello ma'am,
As you have filed a case of divorce, file a case of custody for your son as well and ask for the maintenance of the son and for you as well. Ask the court to pass the order for the maintenance for your son and you.
As you have filed a case of divorce, file a case of custody for your son as well and ask for the maintenance of the son and for you as well. Ask the court to pass the order for the maintenance for your son and you.
Helpful
Helpful
Share
A.Dear Sir,
In the same pending divorce case you can raise a claim for permanent alimony under following provision of law.
================================================================
Section 25 in The Hindu Marriage Act, 1955
25 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.
(2) If the court is satisfied that there is a change in the circumstances of either party at any time after it has made an order under sub-section (1), it may at the instance of either party, vary, modify or rescind any such order in such manner as the court may deem just.
(3) If the court is satisfied that the party in whose favour an order has been made under this section has re-married or, if such party is the wife, that she has not remained chaste, or, if such party is the husband, that he has had sexual intercourse with any woman outside wedlock, 57 [it may at the instance of the other party vary, modify or rescind any such order in such manner as the court may deem just].
In the same pending divorce case you can raise a claim for permanent alimony under following provision of law.
================================================================
Section 25 in The Hindu Marriage Act, 1955
25 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.
(2) If the court is satisfied that there is a change in the circumstances of either party at any time after it has made an order under sub-section (1), it may at the instance of either party, vary, modify or rescind any such order in such manner as the court may deem just.
(3) If the court is satisfied that the party in whose favour an order has been made under this section has re-married or, if such party is the wife, that she has not remained chaste, or, if such party is the husband, that he has had sexual intercourse with any woman outside wedlock, 57 [it may at the instance of the other party vary, modify or rescind any such order in such manner as the court may deem just].
Helpful
Helpful
Share
Read Related Answers
Read Blogs on Divorce
Divorce Lawyers
Find Lawyers by Location
