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)

188 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.

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323 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

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141 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..

327 votes

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.

335 votes

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 .

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