Can wife who is a Government employee claim alimony from husband

Am Hindu by religion & have been married under Special Marriage Act.Even after one year, my marriage was not consummated due to impotency of my husband & after several counselling by my parent & relatives my marriage failed.My husband & in-laws have pressured me to give up my government service job which I refused & ultimately after days of mental pressure I have decided to go for mutual divorce. My husband & in laws agreed for mutual divorce also but only on two conditions that they wont give any financial compensation & they want me to return all the jewellaries which I recieved from them & their relatives as gift Kindly note that my in laws belong to rich family & my husband has an annual income of 45 lacs per annum.I would like to know whether I can get any alimony from my husband during mutual divorce & whether I can claim the jewelaries recieved as gift from my in laws during my marriage. Please advice as the lawyer have said that I can't get any alimony as I'am a gov employee.

Answers (4)

73 votes

The wife has every right to lead a comfortable and dignified life as per standard of husband. He can't avoid liability of her maintenance by contending she is working and earning something to make ends meet. Income earned by wife is insufficient for her support. Therefore, it's for the husband to provide financial support.

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286 votes

Yes, any one can claim maintenance during mutual divorce whether you work in government sector or private sector does not really matter. But you require good lawyer who can fight out the alimony case, while at the time of mutual divorce you can claim for the stridhan property which your husband is keeping with them.

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255 votes

Maintenance or alimony fixed by the court and depends on husbands income and earning capacity of wife and age of the wife various factors. And in my opinion without detail discussion proper consult is not possible.

219 votes

The question is who can claim maintenance or Alimony in between husband and wife. The answer is who did not maintain herself or himself or whose monthly income is so poor who is unable to maintain himself or herself. In such a situation husband or wife can claim maintenance against either side. Here in your case, being a Service holder, you are able to maintain yourself. Therefore, the ld. Advocate who give you suggession that you can't claim maintenance or alimoney is absolutely right. That in respect of gift which you were received from your in-law's house being also treated as "Stridhan Property". and as such you can claim it.

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