LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Guest (n/a)     18 November 2008

Why only man has to pay alimony in case of a divorce??

Why only man has to pay alimony in case of a divorce?? Is there a provision where even a man can sue his wife for alimony?


 8 Replies

aatma   18 November 2008

Because this civilized society always wants women to be a slave of men. Even women welfare organizations are indirectly encouraging this slavery on the name of women rights!

Women's rights organizations think that women must be a slave and always depend on men for their lives. Whether she is uneducated, unemployed or highly educated, qualified, working women. Does not matter.



shashank manjrekar (Legal Consultant)     18 November 2008

Dear Rakhiji

The general perception is that the person initiating a divorce shall not be entitled to any financial support from their spouse. This, however, is not entirely true. It all depends on the financial position of the spouse. In the event of the wife not being able to sustain herself financially, or having no source of income for herself, she then is entitled to an allowance as maintenance. On the other hand, if she is earning sufficiently well for herself, she cannot claim any maintenance. Herein, an interesting question arises, ‘ whether a husband has any right to claim maintenance from his wife’. The answer is, surprisingly, in the positive. Under the Hindu Marriage Act, this provision has raised many an eyebrow. To put it simply, depending on the circumstances, a husband also has the right to ask for alimony.As is prevalent in our Indian society, the wife is mostly a homemaker. Thereby, a major part of our female population never ventured out from the cosy comforts of her home to earn for a living. Thus, being, more relevant, the word ‘maintenance’ came to be associated with women, almost to the point of being synonymous with the weaker s*x. However, the Indian Judiciary being very fair, came to the rescue of the husband. According to Hindu Law, the husband also has the right to claim maintenance which is subject to certain conditions. In the event of the husband becoming incapacitated due to some disease or accident, and thereby, is rendered incapable of earning for a livelihood, he then has the right to claim alimony. At the same time, one should bear in mind that if the husband is an able person in every sense of the word, and yet does nothing for a living; he cannot be entitled to any maintenance. The Court of Law provides no relief to a wastrel.

 An application for maintenance can be filed in India by the Hindus, under the Hindu Adoption and Maintenance Act, and under the Hindu Marriage Act. There are other personal laws for people following different faiths. Thus, people belonging to other religions are governed by such personal laws. However, irrespective of one’s caste, creed or religion; any person can file an application for maintenance, under section 125 of the Criminal Procedure Code. Besides the wife and husband, the parents and children of the respondent, can also vice versa claim maintenance under this particular section.

Shree. ( Advocate.)     18 November 2008


1) A contraction of the term "all-his-money".

2) A splitting headache.

3) It's the screwing you get, for the screwing you got.

4) Paying for something you don't get

.5) That's the same as buying corn for somebody else's cow.

6) The high cost of leaving.

7) The last laugh.

8) The wife cries and the judge wipes her tears with the husband's checkbook

9) Buying oats for a runaway horse.

10) A woman's cash surrender value.

11) The billing minus the cooing Divorce: When your wife stops screwing you, and her lawyer starts.

What is the definition of a faithful husband?

  One who's alimony checks arrive on time.He is so rich, he is ahead in his alimony payments.

K.C.Suresh (Advocate)     18 November 2008

Shashanks reply is accademical. Thanks.

Rajan Salvi (Lawyer)     18 November 2008

Shree, badiya.

Manish Singh (Advocate)     19 November 2008

nice explanation by Shree in other way round.


prof s c pratihar (medical practitioner &legal studies)     20 November 2008

mela of real gems and stars. read ,resite the mantras , that you affirm before the prist without understanding the meaning.so now you provide corn for others cow. thanks sirs.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register