1
Assistant Professor of Law Faculty at Shiraz Islamic Azad University
2
Ph.d in Private Law of Science and Research Branch of Islamic Azad University
Abstract
Alimony in law terminology is the requirements and financial supports which a person needs for life. In certain cases, law provides for the responsibility of providing the alimony of some people including the wife and family members on others, and clearly distinguishes between them. The concept of the proof and burden of proof are important aspects of each assertion. Regarding the burden of proof of desertion in the permanent marriage contract, if the condescension is considered as the clause of alimony necessity, proof of condescension is due to the wife's entitlement to the alimony, but if the necessity of alimony is considered in the moment of contracting, then the husband should prove the wife's absence of right and her disobeying. Nevertheless, one who claims that deserves allowance of family members or alimony in marriage contract must prove her entitlement. Whether or not the conditions of alimony payment are stated in contract, wife should evidence her claim. Also, as the obligation in allowance of family members is an exception and against principles, the burden of proof is her responsibility.
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