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Regarding alimony in HMA sec 13 filed by wife
28-Mar-2025 (In Divorce Law)
Dear sir/madam, my wife filed a HMA section 13 case for divorce in 2022. Now case in judgement stage. My wife did not file case under sec 24 or crpc 125. I have 4 questions
1. is there any provision of alimony/maintenance under HMA 13.
2. How can my wife claim alimony
3. For claiming alimony, does she have to file another suit.
4. Does she have to prove my income in court to claim alimony.
5. She filed case under DV 12 For maintenance, can she get both alimony and maintenance at same time?
your wife filed under Hindu Marriage act I think that the court will be deciding alimony and maintenance she has not filed under 126 crpc domestic violence is legL terrorism so we have to see and the she may get maintenance
Helpful?
Adv. Spiti Sarkar
Greater Noida | 200+ Answers
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Answers corresponding to your questions are:
1. At the time of passing of decree of divorce alimony will be provided automatically as per Section 25, HM Act.
2. As per Section 25, HM Act.
3. No.
4. You will have to file details regarding your Income / Assets / Liabilities on affidavit in the court.
5. Maintenance under DV 12 Act will be adjusted against alimony.
Helpful?
Adv. Amit Kumar Singh
Pilibhit | 25+ Answers
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according to your query your wife has filed that is under section 13 of Hindu marriage act for the dissolution of marriage you both are willing to get divorce the. file compromise and file application under section 13B
further your file can file a under dv and maintenance
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Adv. Amit Pandey
Lucknow | 200+ Answers
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Thank you for your detailed query. You’re at a crucial stage in your case, and I’ll address each of your concerns:
1. Yes, under Section 25 of the Hindu Marriage Act (HMA), the court has the power to grant permanent alimony even in a divorce decree under Section 13 — either to the husband or wife.
2. Your wife can claim alimony within the same divorce proceedings or even after the decree, by filing an application under Section 25 of the HMA.
3. So no, she doesn’t necessarily have to file a separate suit — but she must file an application before the same family court.
4. Yes, proof of your income and financial status will be required if she is seeking alimony. The court considers both parties’ income, liabilities, and standard of living.
5. If she has already filed a DV case under Section 12 and claimed maintenance under that, she can’t receive double benefits. However, courts may adjust or consolidate the reliefs so that there’s no duplication.
I’d recommend reviewing the stage of your current cases and documentation to frame your response or defense properly — especially if you’re expecting orders soon. Feel free to consult further if you need help with strategy, documentation, or representation.
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Adv. Varun Chaudhary
Ghaziabad | 25+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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