Saturday 15 October 2016

Alimony

Recently, a court in Delhi has denied a woman's plea for alimony and has instead advised her to take up a job. In the present case, the husband had claimed that being a gold medalist in master of science, the wife was capable of earning more than him. The wife had claimed alimony amount of Rs12000 from her husband. The court had also rejected the contention of the wife that being inexperienced she will find it difficult to get a job as well as her plea for her husband to escort her during her job search. The court found her capable enough of managing herself and rejected all of her demands.
Though it is commonly presented that alimony can be given only to the estranged wife, the courts have earlier ordered payment to the husband from the wife's assets. Alimony or maintenance that is awarded depends upon a number of factors including:
(1) The income, assets, lifestyle of the husband as well as the number of dependents on him.
(2) the demands presented including the maintenance of dependent children
(3) The income, assets, lifestyle and qualifications of the wife.
Getting alimony is not an exclusive right of the wife and it depends upon the circumstances of the case in question. The court weighs in various factors including the incomes, lifestyles, assets and dependents on the estranged spouses before giving an order on the same.

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