alimony and divorce while filing divorce petition

791 votes

Yes mam.. You cannot get alimony but you can claim maintanance mam from your husband by filling an application for maintanance along with your divorce petition...and alimony is differ from maintanance that's y I said u cannot get alimony but you have entitled to get maintanance from your husben even if you are working

Advocate Uma Devi LawRato

705 votes

you have not mentioned in your query that you are working with the private sector/ Government. Do you have any children?. You can file a divorce petition along with the permanent alimony. if you are a working woman in a private company and getting salary of meager amount and your husband is working in the Government job you can even ask for the maintenance.

Advocate K Prema LawRato

529 votes

Initially, a misconception existed that a working woman is not entitled to claim maintenance as she is earning and is thus able to maintain herself. Now, based on the judgements in cases like Bhagwan v. Kamla Devi1 and Chaturbhuj v Sita Bai2, it is evident that she can claim maintenance even though she is earning. The SC of India, in this regards, has ruled that an estranged woman can claim maintenance from her husband in spite of her efforts to earn a monthly income if that is not enough for her maintenance. It also clarifies that the expression ‘Unable to maintain herself’ does not require a wife to be absolute destitute before she can apply for maintenance.

Advocate Raghuraman Balaji LawRato