Dear Client,
Different acts have their jurisdiction in order to file maintenance, HMA itself have it`s jurisdiction. No time frame. Ex aprte decree is final and set aside period is time barred.
Jurisdiction of court
An exparte decree was obtained under section 13(1)(1a) "Cruelty" The wife did not appear but sent a registered letter directly to the family court making wild allegation under domestic violence and dowry harassment. The court took note of the w.s of her, but did not make any observation on her statement(s). In the discussions a passing reference was made stating that she can apply for alimoney. The questions are:- The Exparte decree was given 15 months back and she did not file any appeal nor petition to set aside the exparte decree 1. In case she decides to claim Alimoney, where she has to file the petition. Does the Jurisdiction is governed by the Civil Procedure Code. There are no specific rules under Hindu Marriages Act. 2. Is there any time frame for applying for alimoney
Asked 7 years ago in Family Law
Religion: Hindu
13 Answers
No dowry was given as stated in writing by the girl's father. We are willing to return back the few gold jewellery gifted to her at the time of marriage like Mangalya and Bangles (6 years back and she is living separately from 4 years)
Asked 7 years ago
1. The family court under section 25 hindu marriage act shall have jurisdiction for permanent alimony.
2.there is no time limit for same.
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].
She can alimony by filing application in family court
2) there is no time frame for claiming alimony
1. The order of divorce has become final and binding now.
2. She can file a suit as per CPC for alimony and the limitation will also be governed as per the CPC
You may get in touch with her and in presence of the elderly members of the family you may return her gold and other ornaments.
Alternatively
You may send a letter to her and ask her to take her gold
She needs to file the same before family court for divorce proceedings and before magistrate court for domestic voilence.
Dear Sir,
My answers are as follows:
- In case she decides to claim Alimoney, where she has to file the petition. Does the Jurisdiction is governed by the Civil Procedure Code. There are no specific rules under Hindu Marriages Act.
Ans: She can file
- under section 125 of CrPC
- DV Case
- Hindu Adoptions and Maintenance Act, 1956
- Is there any time frame for applying for alimony
Ans; There is no time limit but the more the delay the less the maintenance will be granted.
The jurisdiction of the court will be decided by the civil procedure code and your wife can file a petition for the alimony in the family court of the jurisdiction as the time for the ex Parte decree is pased one and half year the delay time can be condoned by the court on the prayer of wife with sufficient reasons to condone the delay
1. She can file case for maintenance under PWDV Act or under section 125 crpc in the court where she resides at present.Both the cases are goverNed by CrPC and not by CPC.
2. As long as she remains she unmarried and without any employment she can file case for maintenance at any point of time.
Practically, She can claim for Alimony at her place
No time frame for claiming alimony
above reply is practical, not academic.............In maintenance/Alimony cases Court doesn't entertain JURISDICTION Issue.
1. She can claim maintenance under Section 12 of DV Act. It is most unlikely though that now it will be awarded to her unless the ex parte decree is set aside.
2. Since her marriage is dissolved she cannot seek maintenance under 125 Cr.P.C.
3. She should apply for setting aside the ex parte decree if she wants to claim maintenance.
If she wants permanent alimony then she may have to file a petition under section 25 of HMA before the same family court or a family court within her residential jurisdiction.
She can apply for maintenance or alimony anytime provided she is not remarried.
You dont return them voluntarily, let she make a claim about it after which you may make a list of the items returned, get her signature in the presence of witnesses. If she is not turning up then you may keep it in a secured place so that you can return them whenever she is making a claim about it.