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Rahul   21 September 2021

Married for at least 10 yeas then only permenant alimony?

Dear Respected Lawyers,

Thank you in advance for your time and efforts.

QUESTION 1:  Correct me if I am wrong, if marriage sustains for at least 10 years, is only when the question of PERMANENT ALIMONY arises? (What if senile minded wife is just marrying short term, to extract PERMANENT ALIMONY within a year of separation and is looking for her next victim?)

AGAIN: Can working wife stress for PERMANENT ALIMONY, within a year of separation, as she is NOT willing to take care of her handicap husband, and just wants to get rid of any responsibility by deserting her husband?

BACKGROUND: - 

- Hindu Marriage in 2007 -Son was born, out of wedlock in 2008.

-Husband/Myself, handicap due to accident, so wife left in 2009. -Wife never let husband or husbands side of family to see his son.

-Husband filed for divorce in 2011. Husband unemployed due to handicap status.

-Whereas, wife is software Engineer, and earns Rs. 87,000 / month + Rs, 42,000/month rental income (plus other investments). And has a flat in Mumbai worth 5.75 Crores.
 

NOTE: I read in many articles online, that ONLY WHEN the couples are married for at least 10 years, is when court grants wife permanent alimony, and that too is she is NOT working or not capable to work. Is this true? 



Learning

 1 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     21 September 2021

Hello, There is no law that permanent alimony can be asked only after 10 years of marriage. It is for the parties to decide whether they want to settle for permanent alimony instead of monthly maintenance. Working wife is not eligible for maintenance however husband is liable to pay maintenance for son.
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