Question about Alimony Timing in Divorce
1 month ago
I hope this message finds you well. I have a couple of questions regarding the timing of alimony requests in divorce cases.
1) when is the appropriate time for a wife to ask for alimony during divorce proceedings?
Secondly and the most important one, is it possible for a wife to request alimony after the divorce has been granted, or does the opportunity for such a request expire once the divorce is finalized by the family court?
3)If a wife has been granted maintenance under Section 125, is she still eligible to receive alimony in the divorce proceedings, and if so, how might the maintenance granted under Section 125 influence the determination of alimony in the divorce case?"
I would greatly appreciate your expertise and guidance on these matters.
Thank you for your assistance
Alimony payments typically begin after a divorce is finalized, and a court order has been issued. The timing may vary depending on the specific circumstances and the legal process in each jurisdiction. However, the Court also grants interim maintenance on appeal while court proceedings are pending, which is a topic covered under Section 36 of the Special Marriage Act. The wife might apply to the court if the district court finds that she does not earn enough money on her own to maintain herself and pay for the costs of the case, the court may pass an interim order of maintenance. Further, a wife can claim maintenance during the pendency of a divorce case under both Section 24 of the Hindu Marriage Act and Section 125 of the CrPC. In the year 2021, the Bombay High Court upheld a decree of the session court and said that a woman is entitled to maintenance under provisions of the Protection of Women from Domestic Violence Act (DV Act) even after divorce, The law does not restrict women from getting alimony from their husbands if they initiate divorce. It totally depends upon the facts and circumstances in each case.
It is possible for you to ask alimony after court has granted the divorce.
Yes, wife can be granted permenant alimony after getting maintenance under sec 25 of hindu marriage act.
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