Husband also has right to demand alimony, Know the terms and conditions
By Lokmat English Desk | Published: April 5, 2022 05:51 PM2022-04-05T17:51:44+5:302022-04-05T18:12:46+5:30
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You may have heard from your acquaintances or in the news that a husband and wife have to pay alimony if they get divorced. That is, the husband pays his estranged wife some money to cover the monthly expenses but the alimony is only paid by the husband.
Even if the husband is not earning and the wife is employed then also the women never have to give any alimony to the husband.
But now the Mumbai High Court has ruled that the husband also has the right to seek alimony from the employed wife.
Know what is the matter?
The couple married on April 17, 1992. After this, the wife demanded a divorce from her husband, citing cruelty. The divorce was granted by a Nanded court in 2015. After which husband filed a petition in the lower court seeking permanent compensation of Rs 15,000 per month from his wife.
What did the husband say
The husband said that he had no means of income. Besides, his wife has studied up to MA and BEd and is a teacher in the school. I have taught my wife. She earns Rs 30,000 per month.
What did the wife say
So the wife said he had a grocery store to refute his claim. They also have auto-rickshaws. He earns money by renting a rickshaw. They both have a daughter.
What the court ruled
Based on the income and assets of both the parties, the court ordered the wife to pay Rs 3,000 per month to the husband.
When a person financially supports another person for basic needs such as food, clothing, housing, education, and medical care, it is called maintenance. If the marital relationship has deteriorated and both are not legally living with each other, then which of the spouses is earing has to give alimony to their partner.
Physically or mentally weak husband who cannot earn money. If the husband claims alimony from the wife, he will have to prove in court that he is not able to earn physically or mentally and the wife earns.
What the law says
According to the Hindu Marriage Act 1955, both husband and wife can demand alimony from each other. Section 24- If the case of the spouses is pending in the court and the proceedings are going on, the court finds that the husband cannot meet his needs. Then the wife has to give money to her husband.
Article 25 - Rules for the husband to receive permanent alimony. But if the husband starts earning after a few months, the court can cancel the alimony. This has been reported by Dainik Bhaskar.