Divorce Alimony for a student and working government job holder woman

760 votes

Do you earn during your studies ? Are you being given salary ? Is there any other source of income of yours ? If yes then you will have to pay alimony/monthly maintenance to your wife. But, you will have to give maintenance only when she asks for maintenance, else you need not to pay. Now, the thing is whether your wife who is a government job holder has an income more your income !! In that case when your wife is having more income than you, your wife is required to maintain you. Law says that, you are entitled for maintenance from your wife in that case. So, you will have to pay maintenance only when your wife claims it before the Court. And in your case because your wife is a government employee and you are a student the Court must take a view that you are not liable to pay money for the maintenance of your wife as because she has enough source of income to sustain herself. But, there are more factors in law of divorce that decides whether you are liable to pay monthly alimony to your wife or not. Further legal advice regarding maintenance can only be given only after talking to you briefly regarding your case. For further legal advice you can call me and my team.

Advocate Sahil Kumar Nair LawRato

846 votes

The Courts on numerous occasions have ruled that an able-bodied husband is duty-bound to maintain his wife and minor child even by doing physical labour and he cannot shirk that responsibility saying he has no source of income. On the other hand, the Courts have also held that a wife cannot be entitled to maintenance by the husband when she is highly qualified and has been earning even after her marriage. However, please note that just because the wife is a government job holder, that itself is not a bar or reason to not claim alimony. She has the right to claim alimony/maintenance even if she is a government job holder, however, whether she is entitled to grant of such alimony amount can be subject to adjudication by court on the basis of the merits of the case. There are several judgments which provide the various factors that can assist a Court to arrive at a reasonable and justifiable amount. Providing more details in your case can help to understand and discuss appropriate legal strategy.

Advocate Sandipan Mohanty LawRato