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Baisakhi Chattopadhyay   17 June 2025

Need advice

I need guidance on the entitlements of wife of a Central Government Officer,in case of divorce after 21 years of marriage.


 9 Replies

T. Kalaiselvan, Advocate (Advocate)     18 June 2025

Your wife may not be eligible for maintenance in case of divorce because she is employed as an officer in the central government and has sufficient sources of income to sustain her expenses, but you may have to prove that before court.

Advocate Bhartesh goyal (advocate)     18 June 2025

A wife who does not have source of income or not earn sufficient money to maintain herself can claim maintenance from her husband but your wife being an office in central Govt and  getting handsome salary is not entitled to get maintenance. 

Dr. J C Vashista (Advocate )     18 June 2025

Was there any settlement between the husband (officer) with his ex-wife at the time of passing a decree of divorce, which has to be approved and endorsed by the adjudicating Court, if so, what are the terms and conditions of divorce ?

Number of years of marriage has no relevance for grant / denial of maintenance, wherein she is entitled for past, present and future alimony at the time of finalisation of litigation.

You may appreciate the fact that alimony is a different connotation to maintenance. Alimony and maintenance, while both forms of financial support after separation or divorce, differ primarily in their scope and duration. 

Alimony typically refers to a one-time, lump-sum payment or periodic payments made to a spouse after a divorce, while maintenance can include both interim (during legal proceedings) and permanent support, sometimes extending to childrenMaintenance can also be a recurring payment, unlike alimony which might be a lump sum. 

R.K Nanda (Advocate)     18 June 2025

Wife. Is not entitled to get any maintenance from husband as she is  nicely employed.

kavksatyanarayana (subregistrar/supdt.(retired))     18 June 2025

What are the divorce decree terms and conditions, and at that time, did she not claim any maintenance/alimony?  You shall consult a local advocate and show the divorce decree terms and conditions for guidance.

Dr. J C Vashista (Advocate )     19 June 2025

If the woman is earning but her income is not sufficient enough she can still claim maintenance from her husband. Usually, it is a common belief that working woman cannot claim maintenance but it doesn’t hold true when the wife’s earnings are not enough for her own well-being.

A wife’s ‘earning capability’ is different from her ‘actual earning’ and just because she is working doesn’t deny her rights to claim maintenance. It’s up to the court to decide whether a woman actually requires maintenance or not and it depends upon the case.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     19 June 2025

Entitlements of a Wife in Case of Divorce After 21 Years of Marriage When a Central Government officer's marriage ends in divorce after 21 years, the wife's entitlements are determined based on several factors, including the officer's salary, her own income, and the length of their marriage.

Alimony or Maintenance - *Eligibility*: The wife is eligible for alimony or maintenance, considering the husband's income and the couple's standard of living during the marriage. -

 *Factors Influencing Alimony*: -

 *Length of Marriage*: A longer marriage, like 21 years, typically results in higher alimony. - *Age and Health*: The wife's age and health can impact the alimony amount. -

 *Income and Earning Capacity*: The husband's income and the wife's earning capacity are crucial in determining alimony. -

 *Standard of Living*: The couple's standard of living during the marriage is also considered.¹ Property Rights -

*Residence*: The wife has the right to reside in the marital home until the court grants a decree of divorce. - 

*Property Settlement*: The court can grant property to one spouse or divide it between them, considering factors like income, contributions, and needs. Other Considerations - 

*Child Custody*: If there are minor children, the court will consider their best interests when deciding custody and visitation rights. - 

*Government Service Rules*: As a Central Government officer's spouse, the wife's entitlements may also be influenced by service rules, such as the Central Civil Services (Conduct) Rules, 1964. 

It's essential to consult a lawyer specializing in family law to understand the specific entitlements and rights in this situation.

 They can provide personalized guidance and representation throughout the divorce process.

Hareesh Kumar   19 June 2025

21 years of marriage is definitely a long time, and courts do consider that seriously. If there was no settlement done during the time of divorce (like mutual agreement on money or property), then the wife can still ask for alimony or maintenance, depending on the situation.

Now, many people confuse alimony and maintenance — both are financial support, but they are slightly different. Alimony is usually a one-time or long-term settlement after divorce, while maintenance can be monthly support, even during the case.

Since the husband is a Central Government officer, the wife may not get a direct share in pension or retirement benefits, but the court can calculate that income while deciding how much alimony she should get. Especially after 21 years of marriage, if the wife isn’t earning or is financially dependent, she can definitely ask for a fair amount.

Also, if she had to leave the house or didn’t get her things back (like gold, jewellery etc.), she can file a case for that too under domestic violence laws.

In short, she can still claim support after divorce if no proper settlement was done earlier. The court will look at her financial condition, her age, and how the husband is earning before deciding.

T. Kalaiselvan, Advocate (Advocate)     19 June 2025

If you have no sources of income to sustain your expenses, you can very well claim monthly maintenance during the pendency of divorce petition and also can ask for permanent alimony after divorce also.


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