Indrajit (Engineer) 03 October 2012

Sc orders that even salaried wives to get alimony

Can anyone please give the details of the order, that the SC has given recently -- that even salaried wives are aligible to get alimony.

to Tajobs Sir ---- Sir please find about this order and enlighten us. Actually my advocate has said me this recently.

If such order is given the it will have a drastic effect on all husbands fighting divorce cases.

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3 Replies

N.K.Assumi (Advocate) 03 October 2012

I am also interested to know.

Tajobsindia (Senior Partner ) 03 October 2012

Maintenance as a rule is only justified when the wife is ill treated by husbsnd and is forced to move out of matrimonial home and is on streets. Sometimes Lordship(s) also get swayed to award maintenance by making "gender" criteria.

I believe in giving a tough tooth and nail fight all the way to Hon'ble SC for a simple legal reason that "maintenance is not absolute rights of seeker under civil laws". First request legislatures to change it then probably it is worth fishing!

Hence what is requested to fish out is not worth my efforts is my view.

stanley (Freedom) 03 October 2012

The opening clause is stated as below

125. Order for maintenance of wives, children and parents.

(1) If any person leaving sufficient means neglects or refuses to maintain-

(a) his wife, unable to maintain herself, or

I presume your counsel has fallen short of money and hence wants to become rich at a faster rate by hook or by crook and maybe coming to a settlement with the opp counsel and wants his cut in which he would not contest at all and remain silent for an order of maintanence to be passed in favour of your wife :-)

and as Tajobs has concluded

I believe in giving a tough tooth and nail fight all the way to Hon'ble SC for a simple legal reason that "maintenance is not absolute rights of seeker under civil laws".