Claim for alimony
4 years ago
I have filed my divorce against my husband which is through exparte.hearing date is next week.can i claim for alimony
Adv Sonali Kulkarni
Responded 4 years ago
A.Yes u can get interim
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Sanjay Kumar Jha
Responded 4 years ago
A.Dear client ,
Yes, You can file claim before decree / Judgement pronounced.
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Yes, You can file claim before decree / Judgement pronounced.
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Anand Dhanuka
Responded 4 years ago
A.Yes, you can claim for alimony.
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A.Dear Madam,
You have to get monthly maintenance within 60 days from the date of filing of DV case and at the final settlement you will get alimony as per following rule of law.
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Dear Sir/Madam
If we really excise our constitutional rights by approaching the High Court then Domestic Violence Case has to disposed within Six months, I am not lying the reality is in the following provision at fag end, please file WP in HC and get order of Mandamus against the Magistrate, accordingly:
12. Application to Magistrate.— D V Act
1. An aggrieved person or a Protection Officer or any other person on behalf of the aggrieved person may present an application to the Magistrate seeking one or more reliefs under this Act:
Provided that before passing any order on such application, the Magistrate shall take into consideration any domestic incident report received by him from the Protection Officer or the service provider.
2. The relief sought for under sub-section (1) may include a relief for issuance of an order for payment of compensation or damages without prejudice to the right of such person to institute a suit for compensation or damages for the injuries caused by the acts of domestic violence committed by the respondent:
Provided that where a decree for any amount as compensation or damages has been passed by any court in favour of the aggrieved person, the amount, if any, paid or payable in pursuance of the order made by the Magistrate under this Act shall be set off against the amount payable under such decree and the decree shall, notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908), or any other law for the time being in force, be executable for the balance amount, if any, left after such set off.
3. Every application under sub-section (1) shall be in such form and contain such particulars as may be prescribed or as nearly as possible thereto.
4. The Magistrate shall fix the first date of hearing, which shall not ordinarily be beyond three days from the date of receipt of the application by the court.
5. The Magistrate shall endeavour to dispose of every application made under sub-section (1) within a period of sixty days from the date of its first hearing.
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In case of Divorce also Six month outer limit is provided under law:
“Section 21-B of the Hindu Marriage Act provides for an expeditious trial — to be concluded within a period of six months. However, the disposal of petitions before the trial courts take many years,” the court said.
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It is in the hands of LITIGANTS how early they wish to conclude, it may be a request or by approaching the High Court ......For your kind information the relevant news its are below. Hope you will appreciate this information and award me fifth rank..
====================================================================================
Law deadline 60 days, cases stretch for years
AHMEDABAD: A resident of Shahpur , Shabanabanu Shaikh , filed a case in January 2009 under the Protection of Women from Domestic Violence Act, 2005, against her husband Mushtaq Shaikh . The protection officer submitted the 'domestic incident report' within two weeks.
The court concerned began proceedings — which the law stipulates must be concluded in 60 days — but has not yet taken any decision on her application for maintenance. The next hearing is scheduled for November 26.
The case of Bapunagar's Farzana Saiyed is no different. She too had filed in 2009 an application for maintenance against her husband and for shelter at her in-laws' house. Five years later, she is a widow and her case is still pending.
Most of the cases filed under the domestic violence law follow this grim pattern. It is the section 12 of the Domestic Violence Act which lays down the proviso that a magistrate will endeavor to dispose of every application within 60 days from the date of the first hearing. But that deadline is seldom maintained.
In fact, Dinesh Sharma, an advocate, says: "There is not a single instance of a domestic violence case, in my knowledge, that was completed within two months in city courts, unless the quarreling parties reached a compromise." Sharma says the format to be adopted by courts for these cases comes from the Criminal Procedure Code. "And criminal lawyers know ways to defer such proceedings," he says.
Another advocate, Imtiyaz Pathan, says that courts deal with DV cases in the same manner as they would handle other criminal cases. "There are some magistrates who give adjournments of more than three months in proceedings," he says.
The delay in court proceedings is the result of grave deficiencies in human and infrastructural resources to deal with women's complaints of domestic violence. Kashmira Kapadia is the only protection officer in Ahmedabad district, which receives more than 1,000 complaints every year. "Ideally there should be six protection officers in this district to expedite the processing of domestic violence complaints," she says.
Earlier, based on a TOI report, the Gujarat high court had taken suo motu cognizance of the issue and had ordered the state government, on February 22 last year, to fill vacancies and create infrastructure in protection officers' offices across the state. The vacancies are yet to be filled.
Times View
The Domestic Violence law makes it incumbent on magistrates to settle a case in 60 days. The reality is that often adjournments of two months are won by defence lawyers. This is a travesty of the law, especially since it lays down a deadline unambiguously. The law was created to offer speedy redress. So domestic violence cases should not be treated like any other litigation.
=====================================================================================
High Court wants divorce cases disposed of in 6 months
Directs trial courts to ensure speedier granting of alimony and maintenance to the ‘weaker spouse’.
Taking note of the undue delay in granting maintenance and alimony in divorce cases under the Hindu Marriage Act, the Delhi High Court has directed the lower courts to ensure that the trial in the matrimonial dispute cases be completed within six months as prescribed by the Act.
“No standard uniform practice and procedure is followed by the courts,” noted the court of Justice JR Midha, adding that in most cases, the provisions for interim maintenance and permanent alimony under Section 24 and 25 of the Hindu Marriage Act were not being utilised.
“Section 21-B of the Hindu Marriage Act provides for an expeditious trial — to be concluded within a period of six months. However, the disposal of petitions before the trial courts take many years,” the court said.
“This is matter of serious concern. It was certainly not the intention of the law that parties to a dissolved marriage suffer further misery of starvation in the absence of grant of alimony,” the court said.
Observing that most people resorted to “parallel proceedings” under the better known maintenance provisions under Section 125 of the Criminal Procedure code, the court noted that parallel proceedings took more time and deprived the weaker spouse of maintenance.
The maintenance provisions under the Hindu Marriage Act apply to both spouses, meaning that the husband can also claim maintenance from wife at the time of divorce in case it is proved that he does not have sufficient income or assets.The directions have been issue after the court decided to hear nine separate pleas for maintenance filed by women whose husbands had filed for divorce.
The court noted that the disposal of cases had taken a long time, with the oldest of the nine cases dating back to 1996.
The court in its order has now directed that the spouse who files for divorce is required to file his or her affidavits with details of income, assets and expenditure, as required by Section 24 of the Hindu Marriage Act, at the same time as the divorce plea, if they want to claim maintenance.
The respondent party should also file their affidavits within 30 days of the notice being issued, the court said.
Further, in order to protect the spouse who is the respondent in divorce proceedings, and is usually the party which claims maintenance, the court has said lower courts could consider directing the petitioner to deposit money to be paid to the respondent as litigation expenses.
The court has also prescribed that the affidavit and counter affidavit on income must be filed within six weeks of notice being issued on a divorce petition.
“If the disposal of maintenance application is taking time, and the delay is causing hardship, some ad interim maintenance should be granted to the claimant spouse,” the court said.
The court also said the time-table prescribed should be followed for all cases of maintenance under the Hindu Marriage Act, Domestic Violence Act, Hindu Adoption and Maintenance Act as well as pleas under Section 125 CrPC.
The district courts have also been asked to file a report on the implementation of the time-table and on whether the suggestions have curbed the delay in matrimonial cases.
Please take PAID phone call with me through VIDHIKARYA and get more legal guidance.
You have to get monthly maintenance within 60 days from the date of filing of DV case and at the final settlement you will get alimony as per following rule of law.
============================================================================
Dear Sir/Madam
If we really excise our constitutional rights by approaching the High Court then Domestic Violence Case has to disposed within Six months, I am not lying the reality is in the following provision at fag end, please file WP in HC and get order of Mandamus against the Magistrate, accordingly:
12. Application to Magistrate.— D V Act
1. An aggrieved person or a Protection Officer or any other person on behalf of the aggrieved person may present an application to the Magistrate seeking one or more reliefs under this Act:
Provided that before passing any order on such application, the Magistrate shall take into consideration any domestic incident report received by him from the Protection Officer or the service provider.
2. The relief sought for under sub-section (1) may include a relief for issuance of an order for payment of compensation or damages without prejudice to the right of such person to institute a suit for compensation or damages for the injuries caused by the acts of domestic violence committed by the respondent:
Provided that where a decree for any amount as compensation or damages has been passed by any court in favour of the aggrieved person, the amount, if any, paid or payable in pursuance of the order made by the Magistrate under this Act shall be set off against the amount payable under such decree and the decree shall, notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908), or any other law for the time being in force, be executable for the balance amount, if any, left after such set off.
3. Every application under sub-section (1) shall be in such form and contain such particulars as may be prescribed or as nearly as possible thereto.
4. The Magistrate shall fix the first date of hearing, which shall not ordinarily be beyond three days from the date of receipt of the application by the court.
5. The Magistrate shall endeavour to dispose of every application made under sub-section (1) within a period of sixty days from the date of its first hearing.
=============================================================================
In case of Divorce also Six month outer limit is provided under law:
“Section 21-B of the Hindu Marriage Act provides for an expeditious trial — to be concluded within a period of six months. However, the disposal of petitions before the trial courts take many years,” the court said.
====================================================================================
It is in the hands of LITIGANTS how early they wish to conclude, it may be a request or by approaching the High Court ......For your kind information the relevant news its are below. Hope you will appreciate this information and award me fifth rank..
====================================================================================
Law deadline 60 days, cases stretch for years
AHMEDABAD: A resident of Shahpur , Shabanabanu Shaikh , filed a case in January 2009 under the Protection of Women from Domestic Violence Act, 2005, against her husband Mushtaq Shaikh . The protection officer submitted the 'domestic incident report' within two weeks.
The court concerned began proceedings — which the law stipulates must be concluded in 60 days — but has not yet taken any decision on her application for maintenance. The next hearing is scheduled for November 26.
The case of Bapunagar's Farzana Saiyed is no different. She too had filed in 2009 an application for maintenance against her husband and for shelter at her in-laws' house. Five years later, she is a widow and her case is still pending.
Most of the cases filed under the domestic violence law follow this grim pattern. It is the section 12 of the Domestic Violence Act which lays down the proviso that a magistrate will endeavor to dispose of every application within 60 days from the date of the first hearing. But that deadline is seldom maintained.
In fact, Dinesh Sharma, an advocate, says: "There is not a single instance of a domestic violence case, in my knowledge, that was completed within two months in city courts, unless the quarreling parties reached a compromise." Sharma says the format to be adopted by courts for these cases comes from the Criminal Procedure Code. "And criminal lawyers know ways to defer such proceedings," he says.
Another advocate, Imtiyaz Pathan, says that courts deal with DV cases in the same manner as they would handle other criminal cases. "There are some magistrates who give adjournments of more than three months in proceedings," he says.
The delay in court proceedings is the result of grave deficiencies in human and infrastructural resources to deal with women's complaints of domestic violence. Kashmira Kapadia is the only protection officer in Ahmedabad district, which receives more than 1,000 complaints every year. "Ideally there should be six protection officers in this district to expedite the processing of domestic violence complaints," she says.
Earlier, based on a TOI report, the Gujarat high court had taken suo motu cognizance of the issue and had ordered the state government, on February 22 last year, to fill vacancies and create infrastructure in protection officers' offices across the state. The vacancies are yet to be filled.
Times View
The Domestic Violence law makes it incumbent on magistrates to settle a case in 60 days. The reality is that often adjournments of two months are won by defence lawyers. This is a travesty of the law, especially since it lays down a deadline unambiguously. The law was created to offer speedy redress. So domestic violence cases should not be treated like any other litigation.
=====================================================================================
High Court wants divorce cases disposed of in 6 months
Directs trial courts to ensure speedier granting of alimony and maintenance to the ‘weaker spouse’.
Taking note of the undue delay in granting maintenance and alimony in divorce cases under the Hindu Marriage Act, the Delhi High Court has directed the lower courts to ensure that the trial in the matrimonial dispute cases be completed within six months as prescribed by the Act.
“No standard uniform practice and procedure is followed by the courts,” noted the court of Justice JR Midha, adding that in most cases, the provisions for interim maintenance and permanent alimony under Section 24 and 25 of the Hindu Marriage Act were not being utilised.
“Section 21-B of the Hindu Marriage Act provides for an expeditious trial — to be concluded within a period of six months. However, the disposal of petitions before the trial courts take many years,” the court said.
“This is matter of serious concern. It was certainly not the intention of the law that parties to a dissolved marriage suffer further misery of starvation in the absence of grant of alimony,” the court said.
Observing that most people resorted to “parallel proceedings” under the better known maintenance provisions under Section 125 of the Criminal Procedure code, the court noted that parallel proceedings took more time and deprived the weaker spouse of maintenance.
The maintenance provisions under the Hindu Marriage Act apply to both spouses, meaning that the husband can also claim maintenance from wife at the time of divorce in case it is proved that he does not have sufficient income or assets.The directions have been issue after the court decided to hear nine separate pleas for maintenance filed by women whose husbands had filed for divorce.
The court noted that the disposal of cases had taken a long time, with the oldest of the nine cases dating back to 1996.
The court in its order has now directed that the spouse who files for divorce is required to file his or her affidavits with details of income, assets and expenditure, as required by Section 24 of the Hindu Marriage Act, at the same time as the divorce plea, if they want to claim maintenance.
The respondent party should also file their affidavits within 30 days of the notice being issued, the court said.
Further, in order to protect the spouse who is the respondent in divorce proceedings, and is usually the party which claims maintenance, the court has said lower courts could consider directing the petitioner to deposit money to be paid to the respondent as litigation expenses.
The court has also prescribed that the affidavit and counter affidavit on income must be filed within six weeks of notice being issued on a divorce petition.
“If the disposal of maintenance application is taking time, and the delay is causing hardship, some ad interim maintenance should be granted to the claimant spouse,” the court said.
The court also said the time-table prescribed should be followed for all cases of maintenance under the Hindu Marriage Act, Domestic Violence Act, Hindu Adoption and Maintenance Act as well as pleas under Section 125 CrPC.
The district courts have also been asked to file a report on the implementation of the time-table and on whether the suggestions have curbed the delay in matrimonial cases.
Please take PAID phone call with me through VIDHIKARYA and get more legal guidance.
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Share
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