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Author Topic: Hindu MArriage Act Section 25, 25(1) and 25(2)  (Read 1123 times)

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Offline ddamle

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Hindu MArriage Act Section 25, 25(1) and 25(2)
« on: December 06, 2013, 10:07:23 PM »
I am male 47 years old. My marriage was dissolved with mutual consent under section 13(b) of HMA. Sole Custody of my only child is with me. I had agreed to pay monthly alimony @ Rs. 1500/- per month. Ex-wife got the alimony revised / enhanced under Section 25(2) when I was employed for a short term in Dubai by Rs. 500/-. the alimony I have to pay now is Rs. 2000/- within this period I underwent a surgery for spinal cord tumor and after that I am orthopedically disabled and require a stick to walk. I have applied for revision of alimony and want to appeal to honourable court to rescind the order passed under section 25(2). What will be the amount under contention Rs. 2000/- or Rs. 500/- the enhancement.

please guide.   

Offline advocate-lyngdoh

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Re: Hindu MArriage Act Section 25, 25(1) and 25(2)
« Reply #1 on: December 10, 2013, 09:50:56 PM »
you can file an application in the high court for revision of the previous order based on your present situation, most probably the court may grant in your favour.

Its a good case you can give it a try
Advocate Lyngdoh
Laitumkhrah, Shillong

Offline Roohan

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Re: Hindu MArriage Act Section 25, 25(1) and 25(2)
« Reply #2 on: January 30, 2014, 10:44:04 PM »
The court can rescind or modify the order at any stage if the circumstances so warrant, in such manner as the court may deem just. Rather, the awarding of alimony, its amount and duration are determined by the financial position, health and family circumstances of the respective spouses. You can file an application to rescind sec 25(2). You can approach the divorce lawyers from the link who can help you in this matter.

http://www.pathlegal.in/DivorceConsulting/India/

Thanks
Adv Rohan

 

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