Can wife who is a Government employee claim alimony from husband
24-Jan-2023 (In Divorce Law)
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Yes, a financially independent wife can claim alimony from her husband under Hindu Law in India. The Hindu Marriage Act, 1955 does not make any distinction between financially independent or dependent wives when it comes to claiming alimony.
Under Section 25 of the Hindu Marriage Act, if a wife is unable to maintain herself after the dissolution of marriage, then the court may order the husband to provide her with permanent alimony and maintenance. The amount of permanent alimony and maintenance will depend on various factors such as the income and financial status of both parties, the duration of the marriage, the lifestyle of the parties, the gap between the husband and wife’s income and the needs of the wife.
It is important to note that even if a wife is financially independent, she may still be entitled to claim alimony if she is unable to maintain herself after the divorce. This can happen, for example, if the wife has certain health issues or if she has to take care of children from the marriage. The litmus test is whether the amount she is earning is sufficient for her to maintain and support herself.
However, if a wife is well qualified and capable of earning and chose to remain idle then the courts may be reluctant in awarding interim maintenance to her.
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Stridhan is a woman's property that she receives during her marriage from her parents or in-laws, which can include jewellery, clothing, or other gifts.
Under Hindu Law, a woman has an absolute right over her Stridhan and can claim it from her husband or his family members at any time, including after divorce. This right is not affected by the fact that the woman may have been financially supported by her husband during the marriage.
It is important to note that the burden of proving that the jewellery or other items are part of your Stridhan rests on you. You would need to provide evidence such as receipts, photographs, or other documents to establish that the jewellery was gifted to you and was not just a loan or given on some other condition.
If your husband or his family members refuse to return the jewellery, you can approach the court and file a suit for recovery of Stridhan or alternately, you can approach the police and initiate a prosecution for criminal breach of trust under Section 406, IPC against your husband and/ or his family members.
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