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Rahul   14 September 2021

Permenant alimony from a handicap unemployed husband?

Dear Learned Counsel/Advocates,

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. And has a flat in Mumbai worth 5.75 Crores.

QUESTIONS:-

- The marriage didn’t sustain for more than a year, until wife deserted her husband because of his physical incapability’s. I read lot of articles online where it says that, only if the marriage sustains for at least 10 years, is when spouse can ask for a PERMENANT ALIMONY? Is that right?

- Is it only one way alimony? That only husband has to pay to wife? Even if wife is working?

- In maintenance petition wife is not granted any relief, as she is working, so she is trying as hard as she can to grab hold of a LUMPSUM ALIMONY. But do a handicap unemployed husband still has to pay ONE TIME ALIMONY?

 

NOTE: As far as wifes living conditions are concerned, then she is earning more, as she got promoted to a higher rank, so her living condition is far better than when she was married.

Please advice, and thank you all in advance.



Learning

 4 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     14 September 2021

Under section 24 of Hindu Marriage Act, even a husband can claim alimony from his wife if his income is petty or is unemployed. However, if the man is an able bodied person capable of working and is not working only to evade maintenance then the court may deny maintenance to him.
2 Like

kavksatyanarayana (subregistrar/supdt.(retired))     14 September 2021

I agree with the well advised of the learned expert Mr.Ramachary Sir.

Dr. J C Vashista (Advocate and Legal Consultant)     15 September 2021

Answer to the question is negative. There is no such limitation for grant of alimony as marriage of one day shall entitle wife for maintenance. However, deserted wife is not entitled for any alimony. Either of the spouse, who is unable to maintain himself/ herself can get maintenance from partner. Please note even a working wife can be granted maintenance.

Rahul   21 September 2021

Dear Mr.Ramachary Sir, and Dr. Vashista Sir, Thank you so much for your reply, I do appreciate it. 1 QUERY: Although, I dont understand, that wife deserted husband as she didnt want to take care of a HANDICAP HUSBAND, and for the same reason husband is unemployed, and can hardly make ends meet. Wife is working and earning almost 2 lacks per month (job and rental income), so when we ask the court for justice, then in what sense wife can still ask for maintenance, or 1 time alimony? Is the law only WIFE FRIENDLY, then why even go to court and ask for justice? NOTE - I thought JUSTICE IS BLIND, as it is suppose to be Gender Neutral. Also correct me, if I am wrong: Wife is entitled to maintenance only if there is a huge gap between husbands and wifes income. Right? Not when husband is unemployed and wife is drawing a huge salary !!!

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