The Hindu Marriage Act,1955

 

25. Permanent alimony and maintenance.-

 

(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, while the applicant remains unmarried, 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 and the conduct of the parties, 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.

 

(2) If the court is satisfied that there is a change in the circumstances of either party at any time after it has made an order under sub-section (1), it may, at the instance of either party, vary, modify or rescind any such order in such manner as the court may deem just.

 

(3) If the court is satisfied that the party in whose favour an order has been made under this section has remarried or, if such party is the wife, that she has not remained chaste, or, if such party is the husband, that he has had s*xual intercourse with any woman outside wedlock, it shall rescind the order.

Also u have to prove that u are not working totally jobless & no other sources of income is there. As i don't have the case law whether a married husband who is jobless can claim interim maintaience but as per the above section some relef can be claimed. My perosnal point of thinking.

Lets see what our respected LD Members has to say.

Support the answer if possible with the case law.

Thanks.

As per the written law, almony in divorce is not gender biased, but in practice it is not always followed.

If the husband can thoroughly prove that wife has enough and he is jobless, then only he has some chance.

Section 24 is ofcource applicable for litigation expenses.

Just recently Delhi HIgh Court gave such a judgment too where husband was granted alimony though very less compared to wife's status. But, I dont think we can find many such judgments.

If someone can provide more such, please do so..

Thanks to both contributors. I am still confused. Under which section can a jobless husband claim alimony from wife? divorce filed by wife... And any favorable judgments where hubbies got such reliefs?..except one where the wife is a hotel owner, etc..

What does this conduct mean in the definition of law?

I strongly feel that conduct is a creation of powerful lawyers against the weak opposite parties generally. When the case has no merits can the wife still win just by portraying false wrong conduct of husband and without actually proving anything?