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30-Mar-2025 (In Divorce Law)
If a husband has filed a divorce case under Section 13(1)(ia) of the Hindu Marriage Act, 1955, on the grounds of cruelty inflicted by the wife, and if the husband successfully proves the cruelty and is granted divorce, is he still required to pay permanent alimony to the wife?
The husband is required to maintain the wife if the wife is unable to maintain herself. However, over the years the Courts have taken different views if the wife is educated and/or working. Feel free to contact me for seeking any legal advice as regards the same.
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Adv. Prerna Shukla
Mumbai | 700+ Answers
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Even if divorce is granted on cruelty grounds, alimony isn’t automatically denied. Under Section 25 HMA, the court may grant alimony based on financial status, wife’s need, and case facts. It’s discretionary.
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Adv. Mrunmayi Kotawadekar
Mumbai | 100+ Answers
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Under Section 13(1)(ia) of the Hindu Marriage Act, 1955, if the husband successfully proves cruelty by the wife and is granted divorce, the obligation to pay permanent alimony depends on various factors.
As per Section 25 of the Hindu Marriage Act, the court has the discretion to award permanent alimony based on the financial condition of both parties, their conduct, and other relevant circumstances. If the wife is unable to sustain herself financially, the court may still grant her alimony, even if the divorce was granted on grounds of cruelty. However, if the wife is financially independent or if her cruelty was extreme, the court may deny alimony.
Each case is decided on its own merits, and the final decision rests with the court based on the facts presented.
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Adv. Vaibhavi Muthinty
Dombivli | 100+ Answers
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