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Dipen   15 September 2015

Maintenance/alimony - liability of husband and wife

Mostly, it is considered as husband is liable to maintain her ex-wife after divorce despite wife’s mistakes (and non-cooperation) at various family disputes. Many courts and lawyer say husband can not run away from his responsibilities. Points to think on:

 

  1. Why it is only husband’s responsibilities to maintain his ex-wife through Maintenance/Alimony which is clearly a tool to loot hard earn money?

(Please exclude exceptional case like wife is made incapable through physical disability which is rare case on all divorce cases)

  1. What is wife’s responsibility to maintain herself in case she is well qualified? Why dependency on husband?
  2. Most important: If husband is liable to maintain financially through Maintenance/Alimony after divorce, what is wife’s liability to maintain ex-husband in any aspect?

 

Thoughts on legal aspects please.



Learning

 3 Replies

Sonali   15 September 2015

Valid questions. Law says -

Spouse (husband and wife ) is liable to maintain other spouse. Various courts reject wife’s plead CrPC 125 or HMA 24 based on situation. Unfortunately, no liability on wife.

Sonali   15 September 2015

Society neither understands this nor do judiciary systems do justice on most of the cases which becomes legal platform to extort money from husband his family. Genuine needy wife getting support is very less because of these culprit’s wife. People think, justice by rewarding maintenance to greedy wife but making them win by not punishing. These are serious threat to family value by misusing of laws.

advocatepassy@gmail.com 971794 (Advocate)     15 September 2015

In law both parties are equal. However in practice its different story altogether

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