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Is separate maintenance petition needed to claim settlement in divorce


19-Jan-2026 (In Divorce Law)
Hi, I have filed a HMOP under the grounds of cruelty. Can I claim for a one time settlement as part of the HMOP, or do I need to file a separate maintenance petition to claim alimony? I prefer one time settlement and not monthly maintenance. Please let me know which is the right way for me to ask for it, thank you.
Answers (2)

Answer #1
749 votes
Dear Client.... You have right to get maintenance by way of HMOPby way filing interme maintenance petition.. No need of separate petition like maintenance petition MC but it is choice of husband whether he is willing pay a one time settlement or monthly alimony. You cannot demand one time settlement as per law.... Need furthermore clarification or doubts please call me.... Thank you...
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Advocate Iyappan. E

Adv. Iyappan. E

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Answer #2
645 votes
You are entitled to seek clarification and guidance regarding your counter-claim and interim application in a pending civil suit. A counter-claim can be filed along with or after the written statement, provided it arises out of the same cause of action or a connected transaction. An interim application can be filed to seek temporary relief, such as injunction, status quo, or protection of property, pending disposal of the suit. Before filing, ensure that your pleadings are consistent and supported by documents. Courts generally examine prima facie case, balance of convenience, and irreparable injury while deciding interim applications. If drafted properly, both counter-claim and interim relief can be effectively pursued within the same proceedings.
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Advocate Hemalatha Narayanan

Adv. Hemalatha Narayanan

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