Maintenance to fully-abled wife is her legal right, irrespective whether husband is right or wrong and even if she is educated and earning. Contrary to this privilege Married and about to be Divorced Women enjoy, Maintenance to husband is usually discouraged, underlining several justifications, even if he is unemployed.
The Karnataka High Court in its recent order has quashed a man’s petition seeking permanent alimony from his working wife.
The couple got married on March 25, 1993. The wife had left her husband before giving birth to her child.
Even after the couple’s son was born, she did not return to him for many years. Husband had applied for divorce at the family court. He had also applied for permanent alimony under Section 25 of the Hindu Marriage Act. In August 2015, the family court had granted divorce, but rejected husband’s demand for alimony.
Arguments from Both Sides
The counsel for the husband argued that the wife is working as an assistant manager in a cooperative society. The petitioner who worked as a security guard lost his job and was struggling for livelihood.
The advocate for the woman maintained that it is not possible to provide the alimony as she gets only Rs 8,000 as salary.
Karnataka High Court
A division bench headed by Justices Alok Aradhe and J. M. Khazi passed the order on Tuesday while taking up the permanent alimony petition of the husband who hails from the Udupi district. The bench observed,
The husband with a capacity to earn does not have any right to ask for permanent alimony from his wife.
The Court further went on to add,
When permanent alimony is sought, the properties and financial conditions of two sides have to be considered. Husband’s needs, and petitioners’ income and assets need to be considered.
In this case, during cross examination, the petitioner has agreed that he has inherited land and also has a share in the house he is presently living in.
The Bench analysed Wife’s present financial condition as she is working with a cooperative society and is taking care of the education of their 15-year-old son. The Court added that the woman requires sufficient money to provide education to him and is single-handedly taking the responsibility.
On the other hand, the bench stated that the husband, who is seeking alimony, has the capacity to earn and the decision of family court to reject the alimony by husband is upheld.
- We do not encourage either spouses – who are physically and mentally abled – to seek maintenance or alimony
- However, Courts have different approach altogether, where they have even gone on record to award maintenance to working wives, or ordered disabled husbands to pay alimony
You may leave your comments on the tweet below:
"Husband With Capacity To Earn Does Not Have Any Right To Ask Permanent Alimony From His Wife" | Karnataka High Court
— Voice For Men India (@voiceformenind) July 13, 2022
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