Capable husband can’t seek Alimony from wife

In a recent judgment in the case of T. Sadananda Pai v Sujatha S Pai, Karnataka High Court held that an able bodied man can not seek permanent alimony from his wife. The husband had filed for maintenance under Section 25 of the Hindu Marriage Act, which was set aside by  the Bench of Justices Alok Aradhe and JM Khazi.The Bench was of the opinion that the appellant is an able bodied man and has the capacity to earn and thus his application under Section 25 was rightly rejected by the Family Court.

Facts of the Case-

• It was contended by the appellant that his wife had left the matrimonial house in February 1994 before the delivery of their child. However , even after the birth of the son, the respondent did not join the matrimonial house again.
• Later the appellant filed for the divorce and also filed for the maintenance under Section 25. He was granted divorce dated 09.08.2015, however his application for maintenance was denied by the Family Court.
• It was submitted in the application that the respondent has been employed as an assistant manager in a cooperative society while the husband was appointed as a security guard in a Temple, that too on a contract, but now has lost his job. Thus, the respondent is bound to pay for his maintenance.
• The respondent, i.e. the ex-wife contended that she was appointed at a mere salary of rupees 8000 per month, while she also has to take care of her son who is now 15 years old.

Decision of the Court-

• It was observed by the Court that to decide over an application regarding the permanent alimony, the financial status, the requirements of the spouse as well as the other property of the spouse are to be taken into consideration by the Court.
• The court observed that the appellant in his cross-examination has himself accepted that he has shares in the fields as well as his residence, which he himself accepted are valuable properties. Also the Court was of the opinion that the appellant is an able bodied person.
• The Court held that the appellant had never shared the cost for the upbringing of his son which required a large sum, also his education required quite a lot of money which has to be taken care of by the respondent alone.
• The Court held that for the above mentioned reasons, it does not find any reason to interfere with the judgment given by the family court.

In what situations can a husband file for alimony?

• Under Section 25 of the Hindu Marriage Act, a fixed amount is to be paid as per the decision of the court. Such amount has to be paid for a period not extending the lifetime of the claimant and can be paid either on monthly basis or on a fixed interval of time as decided by the court.
• Court decides the amount of maintenance to be paid to the claimant on the basis of the financial as well as the social status of the parties.
• The capability of the parties are also taken into account
• The court also keeps in consideration the income of the wife so as no extra burden is imposed on her.
• The court also keeps into consideration the income as well as properties of the husband, and if found enough then in such case the court will not allow for the application of maintenance by the husband.