Legal Question in Family Law in India
Wife files for divorce based on desertion and cruelty. She gets fake medical certificate from family doctor who knows her as her evidence eg loss of weight due to cruelty. Husband wants divorce without wanting to give alimony and hence decides to absent himself from court to prevent waste of his time and money.
1. Will court award ex-parte alimony to her if she applies for alimony based on her fake medical certificate or will it appoint a neutral doctor to verify whether her loss of weight is due to cruelty?
2. Once the husband comes to know that wife has also got alimony from the court in his absence, can he stay the alimony order by appealing to HC? Will he have to pay interim alimony till final HC judgement or can he stall it?
3. In case of interim alimony paid to his wife, can he recover the money if he wins the case?
4 Answers from Attorneys
It is entirely Court's discretion to order permanent or temporary alimony.
Husband can appeal but he must give cogent reasons for his non-apperance resulting in exparte decision by the lower Court.
The husband should join the proceedings and engage a lawyer to conduct his case.
alimony can be granted even when husband is placed exparte. He can appeal but has to give sufficient reasons for his absence before the lower court.
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