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Kerala HC cited SC decisions in its decision.
The Kerala High Court has said that a woman cannot be deprived of her right to receive maintenance from her husband merely because she is capable of earning or works occasionally.
The court made it clear that if the wife’s income is not stable or she is unable to support herself, then she is entitled to maintenance.
Justice Kausar Edappagath, citing Supreme Court decisions, said there is a difference between earning capacity and actually earning enough.
The case pertains to a plea by a woman seeking maintenance for herself and two children after she separated from her husband.
The woman told that she knows tailoring, but there is no permanent work and the income is also not enough. She accused her husband of mental and physical cruelty and said that is why they are living separately.
Kerala HC mentioned these matters
Referring to the cases Shailaja vs. Khobbanna (2018), Rajneesh vs. Neha (2021) and Sunita Kachhwaha vs. Anil Kachhwaha (2014), Kerala HC said that even if the wife is earning something, but not enough, she can ask for maintenance.
Read those cases in which HC and SC made strict comments on maintenance
July 22: SC told the woman – Earn and eat yourself, you are also educated
The Supreme Court had said in a divorce case that if the woman is well educated, then instead of asking for alimony, she should earn and eat herself. The woman had demanded a flat in Mumbai, maintenance of Rs 12 crore and an expensive BMW car.
The bench of Chief Justice of India (CJI) BR Gavai had said – Your marriage lasted only for 18 months and you are asking for Rs 1 crore every month. You are so educated, then why don’t you do a job? A highly educated woman cannot sit idle. You should not ask for anything for yourself but should earn and eat yourself. Read the full news…
December 2024: SC said – The purpose of alimony is not to punish the husband
In the case of a family dispute, the Supreme Court had given an order on December 10 that the husband should pay alimony of Rs 5 crore to his wife and children. The court ordered that the husband give this amount to the wife as final settlement.
The court had made it clear during the order that the purpose of giving maintenance is not to punish the husband. We want that the wife and children can live a respectable life.
The bench of Justice Vikram Nath and Justice Prasanna B said that an amount of Rs 1 crore from the settlement should be earmarked for the maintenance of her son and his financial security. Read the full news…
November 2024: Delhi HC said – Alimony cannot be given to a capable spouse.
Delhi High Court had said in one of its decisions that alimony cannot be given to a financially independent and capable spouse. Permanent alimony is a tool of social justice. It is not a means of making capable people rich or making them economically equal.
The division bench of Justice Anil Kshetrapal and Justice Harish Vaidyanathan Shankar said – the person seeking maintenance will have to prove that he really needs financial help. In this case, the wife is a Group I officer in Railways and earns enough money. Read the full news…
Survey- 42 percent men took loan for divorce
In October, a survey of a financial advisory company of the country was revealed. It was reported that after marriage, 42% men took loans for divorce related expenses. 46 percent of women quit or reduced paid work.
This survey was conducted by ‘One Finance Advisory Company’ on 1,258 divorcees or people who had applied for divorce in Tier-I and Tier-II cities.
The survey revealed that 29 percent of men found themselves with a negative net worth after paying alimony. According to the survey, 38% of men’s annual income went towards maintenance.
19% of women spent more than Rs 5 lakh in divorce related expenses. At the same time, 49 percent men also spent the same amount.
In the survey, 67 percent people admitted that during their marriage they often argued about money. 43 percent said that financial disputes or inequality were the direct cause of their divorce.
At the time of marriage, 56 percent of women earned less than their husbands. Only 2% of women earned more than their husbands.
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Other matters related to maintenance
Woman asked for Rs 12 crore, BMW car in alimony: Supreme Court said – Earn and eat yourself, you are also educated; only 18 months married
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