As per Section 25 (Permanent alimony and maintenance) of Hindu Marriage Act 1955 (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 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 , 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.
Format of Application under section 25 of Hindu Marriage Act 1955 for Permanent Alimony and Maintenance is given below:
IN THE COURT OF THE _____________ JUDGE AT _________
HMA CASE NO. __________ OF 20__
IN THE MATTER OF:
MRS. W_________ PETITIONER
VERSUS
MRS. H __________
RESPONDENT
PETITION FOR PERMANENT ALIMONY AND MAINTENANCE UNDER SECTION 25 OF HINDU MARRIAGE ACT, 1955
MOST RESPECTFULLY SHOWETH:
The Petitioner, above named submits as under:
1. That marriage of the Applicant and the Respondent was solemnized on
__________ at ____________ according to Hindu rites and ceremonies. The marriage
was registered with the Registrar of marriages at ___________. Certified copy of
the extract from the concerned register is attached herewith as Annexure A.
2. That the status and place of residence of the Parties to the marriage before the marriage and at the time of filing this petition is given as under:
HUSBAND
BEFORE MARRIAGE.
Age Address Status
AFTER MARRIAGE
Age Address Status
WIFE
BEFORE MARRIAGE
Age Address Status
AFTER MARRIAGE
Age Address Status
3. That the marriage has not been consummated.
4. That the Petitioner and her husband were living together happily at the matrimonial house. That on _______ husband of the Petitioner has attached her and told her to go and live in her parental home. Since then the Petitioner is living at her parental home.
5. That the Petitioner does not own any movable or immovable property and she has no source of income.
6. That the Respondent owns Flat No___________ admeasuring ____ sq mtr at ______, Flat No. __________ admeasuring ______ sq ft at ___________ and Agricultural land of _________ acres at ______________.
7. That the Respondent is working with Central Government _________ department and earning salary of Rs. ____________ per month after all deductions.
8. That the Respondent has no other liability, while the Petitioner is dependent upon him for her day to day expenses.
9. That the Respondent has not made any provision for maintenance of the Petitioner.
10. That Petition under Section 13 of the Hindu Marriage Act filed by the Petitioner on the ground of cruelty at the hands of Respondent is already pending before this Hon'ble Court vide Case No____ of _____ in the Court of __________.
11. That the Petitioner has not remarried and has not been guilty of any conduct disentitling her to received maintained from the respondent.
12. That the Petitioner is accordingly entitled to claim alimony for her maintenance to meet her day to day expenses.
13. In the facts and circumstances of case mentioned herein above this Hon'ble Court may graciously be pleased to:
P R A Y E R
That the Petitioner, therefore, prays:
a) for grant of maintenance or alimony and for a direction to the Respondent that he shall pay to her maintenance or alimony for her maintenance and support, until here death or until she remarries; and
b) Any other relief or reliefs which the court may deem proper under the circumstances be also awarded to the petitioner.
PETITIONER
THROUGH
______________., Advocate
Place :
Date :
VERIFICATION
I, W, the Petitioner, state on solemn affirmation that whatever contained in paragraphs
____ to Para No __________ of the Petition is true to my own knowledge and that
whatever contained in paragraphs No _____ to Para No ________ is based on
information received and believed to be true to me.
Signed and verified this _______ day of _______ 20 _______ at _______
PETITIONER
IN THE COURT OF THE _____________ JUDGE AT _________
HMA CASE NO. __________ OF 20__
IN THE MATTER OF:
MRS. W_________ PETITIONER
VERSUS
MRS. H __________
RESPONDENT
AFFIDAVIT
I, Mr. / Ms. _______________ aged _________ years, Occupation _______ the
Petitioner do solemnly affirm and say as follows:
1. That I am the Petitioner in the accompanying Petitioner under Section 25 of
Hindu Marriage Act, 1955 and well acquainted with the facts of the case.
2. That I have gone through the contents of the accompanying Petition, I reaffirm the contents of the Petition, which are not being repeated here, for the sake of brevity.
3. That the Petitioner has not remarried and has not been guilty of any conduct disentitling her to receive maintenance from the Respondent.
4. That the Petitioner does not own any movable or immovable property and has also no source of income.
Signed at ___________ this ___________ day of ___________20__
DEPONENT
VERIFICATION
I, __________ the above named deponent do hereby verify on oath that the contents of the affidavit above are true to my personal knowledge and nothing material has been concealed or falsely stated therein.
Signed and verified this _______ day of _______ 20 _______ at _______
DEPONENT
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