Alimony in case wife is unemployed


We are married since December 2016. But due to some adjustment issue, i need to divorce my wife. My wife also at times tells of divorce, but at times that she wont. She is unemployed and have 2 elder brothers. If i file a divorce, do i need to pay any alimony ?

Answers (5)


68 votes

One of the most important rights under divorce and matrimonial laws is the right to receive and claim alimony (maintenance). Under the Hindu Marriage Act, 1955, both the husband and wife are legally entitled to claim permanent alimony and maintenance. However, if the couple marries under the Special Marriage Act, 1954, only the wife is entitled to claim permanent alimony and maintenance. There are some grounds in which you can file divorce without giving alimony to wife. You should have to consult with a lawyer for more.


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

271 votes

whether you file divorce or she files, she can always claim alimony, permenent as well as temporary. you can contest the amount of alimony payable depending on your income, dependents, but that will be a question for the family court to determine

Popular Divorce Lawyers


Advocate Rajesh Rai
Sector-19, Dwarka, Delhi
19 years Experience
Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
32 years Experience
Advocate Saifuddin Saifee
Maharani Road, Indore
18 years Experience
Advocate Wg Cdr Ajit Kakkar (Retd)
Dwarka, Delhi
19 years Experience
332 votes

Yes.. Since the marriage is not a disputed one and since your wife is not a working woman.. So, incase of divorce you are bound to pay alimony as per the order of the Ld. Court, the extent of which will depend upon your properties and you income.. Hope this suggestion will help you..

295 votes

Hello,
Under Hindu Law, the wife has an absolute right to claim maintenance from her husband. Maintenance is a right to get necessities which are reasonable from another. it has been held in various cases that maintenance includes not only food, clothes and residence, but also the things necessary for the comfort and status in which the person entitled is reasonably expected to live. Right to maintenance is not a transferable right.

296 votes

Dear
Sir
Your wife have a right to get maintenance if she can prove that you have neglect her..Hence its not the question that shw is earning or not its only she should not be neglwcted anyway. Your wife is your legal liabilities..yoy can both file a mutual divorce if she is not interested to any permanant alimony..or with amicable amount both side agrred .

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Divorce Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or contact a Lawyer of your choice to address your query in detail.

Related Articles



"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

Similar questions

How much time taken in divorce if both are living separate frim last 2.5 years and wife want divorce .So what is the way to take divorce now .…

Read More

I and my wife were not in a relationship since our marriage, she not interested in me, she stayed at my home for a year and past 2 years she's at …

Read More

If a muslim man marry to a hindu girl with converting her into muslim, but he did not inform her about his first wife and childrens. 1. Is it criminal…

Read More

Married 3 months before. but found it difficult to live together & difference in opinions. I just wanted to know at what time can a divorce get fi…

Read More