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Can wife who is a Government employee claim alimony from husband


24-Jan-2023 (In Divorce Law)
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 (5)

Answer #1
51 votes
  1. 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.
     

  2. 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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Can wife who is a government employee claim alimony from husband?

According to Section 25 of the Hindu Marriage Act, either spouse is entitled to alimony. This means that government employees or private sector workers are not barred from requesting it. You should argue the case based on the merits of your spouses employment, earning capacity and other factors.

  
Answer #2
711 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.
Answer #3
536 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.

Answer #4
714 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.
Thanks.
Answer #5
751 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.

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.

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