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)

150 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.

Googling your legal issue online?

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

180 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.

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
212 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.

97 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.

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 and has been responded by one of the Divorce Lawyers at 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 or contact a Lawyer of your choice to address your query in detail.

Related Articles

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

Similar questions

We both are Hindu and her ancestral home originally from WB and mine is from Bangladesh. Its been, 8 long years that we are trying for baby and I have…

Read More

Hi sir I had filed divorce case against my wife and on 5.10.15 the case got dismissed.true copy apparel and got on 15.10.15 and now 2 months over due …

Read More

Mou signed by both of us. Husband delayed 1st motion. Penalty charged by court. Still not received any money from him. Nw he has been arrested in brib…

Read More

Wife has sent me mutual divorce but i dont want to. I dont want to take divorce .i want my family back... By any cost.. Pls help to solve dis…

Read More