Bengaluru, Jul 13, Karnataka High Court has quashed a man's petition seeking permanent alimony from his working wife.
The husband with a capacity to earn does not have any right to ask for permanent alimony from his wife, the court underlined in its order.
A division bench
headed by Justices Alok Aradhe and J. M. Khazi passed the order on Tuesday
while taking up the petition of a resident of Udupi district submitted under
Section 25 of the Hindu Marriage Act seeking alimony from wife.
https://www.youtube.com/watch?v=yDo2D_2G_Tw
When permanent alimony is sought, the properties and financial
conditions of two sides have to be considered. Husband's needs, and
petitioners' income and assets need to be considered. In this case, during
cross examination, the petitioner has agreed that he has inherited land and
also has a share in the house he is presently living in, the court observed.
Wife is working in a
cooperative society and is taking care of the education of their 15-year-old
son. She requires sufficient money to provide education to him and is
single-handedly taking the responsibility, the bench said. https://www.youtube.com/watch?v=yDo2D_2G_Tw
However, the
husband, who is demanding alimony, has the capacity to earn and the decision of
family court to reject the alimony by husband is upheld, the bench stated.
The counsel for the
husband argued that the wife is working as an assistant manager in a
cooperative society. The petitioner who worked as a security guard lost his job
and was struggling for livelihood.
https://www.youtube.com/watch?v=yDo2D_2G_Tw
The advocate for the
woman maintained that it is not possible to provide the alimony as she gets
only Rs 8,000 as salary.
The couple were
married on March 25, 1993. The wife had left her husband before giving birth to
her child. Even after son was born, she did not return to him for many years.
Husband had applied for divorce to the family court. He had also applied for
permanent alimony. The family court had given divorce orders on August 19, 2015
and rejected the demand for alimony.
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