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gunjan singh   10 March 2021

divorce

what is the procedure to get alimony from husband is court will get verify wife's income source or she is working or not


Learning

 3 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     10 March 2021

Hello,

Yes, the court will consider the income of the wife while sanctioning the monthly maintenance to the wife. 

Kevin Moses Paul   10 March 2021

The court will not only take into account the position of the husband but also the position and situation of the wife. In case the wife is working and drawing a handsome salary, the Court will certainly take that into consideration along with the husband's income and then depending on the facts and circumstances of the case decide whether alimony/maintenance is to be awarded to the wife and if yes, then the amount she shall receive from the husband.

This is sure that in your matter too the court will consider all the aspects of both your husband as well as yours before passing any judgement regarding alimony.

This is because under the provisions of the Hindu Marriage Act, 1955, even a Hindu husband can claim alimony from his wife if he earns less than her or does not earn at all, though this is rare.

Hope It Helps

Regards
Kevin M. Paul

Reeti Shetty   10 March 2021

The Court may award alimony to the wife or the husband. The Court does take the wife’s income into consideration while awarding alimony. If the wife is employed but her net earnings are significantly different from her husband's, she would be given alimony to help her maintain the same level of life as her husband. If the wife does not work, the court will determine the sum of alimony based on her age, educational qualifications, and willingness to work.


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