Rajeev Kumar (Professioanl Social worker) 14 December 2010

Alimony in case of unemployment

Dear All

In two of my known case, divorces were filed . Both of the marriage were solemnized under special Marriage act-1954.

Both of parties have completed more than one year. In first case , husband is unemployed . In second case husband is pursuing PhD and recieving fellowship from Govermnet. most probably in both cases wives will claim for alimony.

here my queries are:

whether alimony can be claimed from a husband who is unemployed.

whether alimony can be claimed from a husband who is not recieving salary, but fellowship/ scholarship/stipend from government, which is given for completing studies for certain period. ?

it is very interesting case. Kindly reply.

thanks and regards

Rajeev

Reply Follow

6 Replies

adv. rajeev ( rajoo ) (practicing advocate) 14 December 2010

It is the bounded duty of the husband to maintain his wife whether he is employer or unemployed.

redkid (Home) 14 December 2010

Hi Rajeev,

It is OK, assume husband salary is 1000 Rs per month then how much he has to pay for his wife as a maintainence

Rajeev Kumar (Professioanl Social worker) 14 December 2010

Dear All

My query is very specific. I am agreed with adv Rajeev that it is bound duty of husband to look after his wife. My query is with regard to divorce , whether court can order unemployed husband or Husband ( who is studying and recieving scholarship/ fellowship/ stipend from govt for study, which is time bounded)

another query is this.... what is wife is also employed and drawing ahndsome salory ?

please reply

Regards

Rajeev

Uma parameswaran (lawyer) 14 December 2010

At the time of considering the petition Court looks about Status of the parties,reasonable wants of the claimant,the independent income and property of the claimant.,number of persons has to maintain,the amount claimant needed to enjoy similar lifestyle as she enjoyed in the matrimonial home,liabilities,for food,clothing,shelter,education ,treatment etc.

Saurabh..V (Law Consultant) 14 December 2010

@Rajeev Kumar

In case the husband in unemployed, there raises following two options:

1- If the husband is unemployed, still has srouces of income may be by the way of rents from lands or any other way, a dignified amount shall be awarded by the court out of that amount to the wife. However, this is to be proved by the wife and husband only needs to take a plea of unemployment

2- If the husband is unemployed and do not have any other source of income, the claim of maintainance could not be sustained. The person who is not able to maintain himself is not under obligation due to his incapacity to oblige. Still if he is taking sustainance shelter from his parents, the wife could urge to claim minimal maintenance which shall totally be the discretion of the court.

In case the husband in not salaried but under fellowship/PhD etc. the inference could be taken from my points above. The money as given to such PhD. etc is a source of income may that be in the form of scholarship etc.. But the husband is using for his livelihood. Hence, a dignified monetory compensation has to be paid by him.

//peace

/Saurabh.V

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist) 15 December 2010

In the act their is provision that if any spouse has financial problem then other has to bear so inthe case of unemployed husband if his wife is earning he can claim maintenance from wife.