In Indian divorce proceedings, courts may grant divorce without alimony if the husband has failed to pay outstanding maintenance (such as 15 lakhs under Section 24 of the Hindu Marriage Act), and the Supreme Court has directed that even in such cases, the husband must fulfill his financial obligations; courts often refer such disputes to mediation for amicable settlement rather than re-arguing the merits of the case.
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Big Win For Husband..Got Divorce Without Alimony Settlement | Watch What Wife Did Next | legalcourtsAdded:
It's time for filing the counter affidavit, my lord. The plaintiff is the wife, my lord.
The plaintiff is the wife.
And decree of divorce has been granted in favor of the husband, my lord.
Because, my lord, 15 lakh more than 15 lakh amount was due against the husband.
Interim maintenance is not given from what date?
Honorable court, so he has he has not settled the amount. The husband refuses to settle the matter. Then you file the execution.
That without alimony without alimony, learned court learned additional principal judge has passed decree of divorce in favor of the husband, my lord. One thing But you have to look after your wife, no? No, we don't have time to discuss My lord, one thing My lord, this case, my lord.
The last occasion, my lord, the respondent has six times for filing the counter affidavit, my lord. The counter affidavit has been filed by the respondent. Last time itself, he has asked for six times. My lord, respondent. Respondent. Six times for filing the counter affidavit, my lord. Honorable 24th 3 23, my lord.
Four weeks time was given to the respondent to provide the main case, my lord. The plaintiff is the wife, my lord. The plaintiff is the wife.
And decree of divorce has been granted in favor of the husband, my lord.
Without divorce. Friday. No, uncontested.
Without my lord Consider the evidence Without fulfill the guideline of the Honorable Supreme Court in case of versus Neha, my lord. Because, my lord, 15 lakh more than 15 lakh amount was due against the husband during the pendency of the matrimonial case as in maintenance under Section 24 of the Hindu Marriage Act, which was which was not paid by the husband till judgment, my lord. Honorable [clears throat] Supreme Court in directed the case of versus Neha, even in case of the husband is of payment of this case. He's not liable to grant relief.
Even though he defense defense or evidence maybe struck up. I filed the petition before the learned court below that his defense maybe struck up, but no order was no uh learned court court was >> Interim maintenance is not given from what date?
>> Milord.
>> Interim maintenance.
>> Milord.
>> Not given from what date?
>> Milord, from the 14th.
>> 2014.
>> Milord.
15 lakhs dues.
>> 15 lakhs.
>> Milord. Against that order, milord, the respondent traveled up to honorable Supreme Court, milord. Supreme Court says in the meantime, you pay the amount of 2 lakhs 50,000. And issue notice to apply for reconciliation, milord. We paid only 2 lakhs 50,000. So, that matter is still pending before >> No, no, milord. They dismissed. SLP was dismissed by the honorable Supreme Court.
>> So, he has the he has not settled the amount.
>> Milord, husband refuses to settle the matter.
>> Then you file the execution.
>> Milord, that that is separate matter, milord. That but it's so far this case is concerned, milord, divorce case is concerned, milord.
In this case, milord, the without alimony without alimony, learned court learned additional principal judge has passed decree of divorce in favor of husband, milord. One thing. Second >> The permanent alimony is given.
>> I'm I'm ready to settle the matter, milord, because milord, marriage was solemnized in the year >> The matter was referred to mediation.
>> Milord, one thing, milord. Mediation because milord >> No, whether this matter was referred to mediation?
>> Honorable Supreme Court.
>> Here, in this court.
>> No, milord.
>> We'll refer the matter to mediation.
>> Milord, uh >> There is any amicable settlement of permanent alimony?
>> Milord, before the supply this is again before the Supreme Court of India.
>> I have been asked by the petitioner at the opposite party to pay for the cooling time because her mother his mother is seriously ill and admitted in Ames, Patna.
>> Hm.
>> So >> Only it is in Patna only?
>> Patna Ames now is the sole person to look after this uh her mother his mother.
>> But you are to look after your wife, no?
>> No.
>> Huh?
>> I have I have informed my wife of this.
That my lord just early in the morning sent this letter to my friend, so I am into ask to say about the >> We'll refer the matter to mediation. Go and settle it.
>> Uh my lord the lordship himself will not uh give time to settle the matter.
>> Huh?
>> Lordship?
>> No, we don't have time to discuss.
>> Lord one thing my lord me me lord important three things are very important, lord.
Lord the marriage Marriage was not Marriage was not not here. You do not tell me, lord. After 4 years, my lord this >> Parties are hereby directed to appear before mediation of this court on so and so date.
>> Huh? Which date?
>> Yeah, mediation center of this court on so and so date for amicable settlement, if any.
>> If settlement we will fix date.
Lord the settlement will not only on the point of alimony, my lord. Nothing else.
Those things I I pray my lord two things before >> Go and approach the mediator.
>> Lord but my lordship I do pray before lordship. One thing my lord the stigma which is uh leveled by the learned court below >> Sir, you are you can't uh blow hot and cold together.
Now you on one hand you say that permanent alimony is sufficient. At the same time now you are arguing on merits.
>> The merits will so far uh court is concerned court learned court below without considering >> Go and attend before mediation.
Hm.
>> Release >> Fix a date and thereafter release this matter after two weeks.
Mediation period did they do but may Next two to three weeks.
I list it after eight weeks.
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