Tuesday, 28 July 2015

Re: [SaveIndianFamily] Permanent Alimony

 

First try to reverse the order from higher court. Do not put anger and mix emotion.

On Tue, Jul 28, 2015 at 5:03 PM, HoneyBadger 498a <cruelwiferoja@gmail.com> wrote:
Thanks Swarup Da,

Unclean Hands, not willing to produce her witness statement are already mentioned with documental evidences in the written arguments but still, the lady judge who is now in her 3rd marriage gave such a disgusting judgment without any base.

Could you please provide the details where can we complain against judges for their baseless/groundless/meaningless orders?

Thanks
Kiran

On Tue, Jul 28, 2015 at 4:47 PM, Swarup Sarkar <swarup1972@gmail.com> wrote:
Hope it had ordered in section 25 .
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].

It is mainly considered the both party lifestyle, contrubution of wife, time of marraige etc , only she is earing will not be sufficent. You have no option but to appeal and more empasisi on a person can't take her own worng doing , hiding facts or any uncelan hands.



On Tue, Jul 28, 2015 at 3:13 PM, HoneyBadger 498a cruelwiferoja@gmail.com [saveindianfamily] <saveindianfamily@yahoogroups.com> wrote:
 

Hi All,


What are the grounds to grand Permanent Alimony by court to wife?
My wife is earning and payslips are marked in family court. I am the petitioner and cruelty proved. Respondent wife didn't come to witness and don't want to be examined but wanted divorce with alimony. Court proceeded further to arguments without respondent wife examination and granted divorce with Permanent Alimony.

My establishments:
1.) Being Petitioner, proved the cruelty with documental evidences.
2.) Provided salary slips of wife to court.
3.) Wife don't want to take oath in family court and don't want to give her examination.
4.) No documental evidence against me submitted to court.
5.) No record of my employment was provided to court.

Judge simply ordered for permanent alimony.

Kindly provide me citations for breaking Permanent Alimony for a wife who is earning hefty amounts.

Thanks
Kiran




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Posted by: Swarup Sarkar <swarup1972@gmail.com>
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