Ex-Husband Can't Be Expected To Maintain Ex-Wife As Per His Present Status All Life; Alimony Not To Equalise Wealth : Supreme Court
Trending News
3 months ago

Ex-Husband Can't Be Expected To Maintain Ex-Wife As Per His Present Status All Life; Alimony Not To Equalise Wealth : Supreme Court

Live Law  

The Supreme Court has observed that a divorced wife cannot seek permanent alimony just to attain equal wealth status with the ex-husband. The Court expressed reservtions with tendency in matrimonial proceedings to seek maintenance or alimony as an "equilisation of wealth with the other party." While the wife is entitled to be maintained, as far as possible, to the same standards of life to which she was accustomed to in the matrimonial home, the husband can't be expected to maintain her as per his present status in life. Merely becasue the husband has moved on and attained better financial status after separation, the divorced wife cannot seek a higher alimony.

Court Wealth Status Husband Wife Maintain Alimony Seek Permanent Alimony His Present Status  seek  court  life  supreme  parties  status  wealth  maintain  alimony  husband  maintenance  wife  present  exhusband  spouse  equalise  expected  exwife

History of this topic

BREAKING | Permanent Alimony & Interim Maintenance Can Be Granted Even When Marriage Is Void Under Hindu Marriage Act : Supreme Court
1 month, 1 week ago

BREAKING | Permanent Alimony & Interim Maintenance Can Be Granted Even When Marriage Is Void Under Hindu Marriage Act : Supreme Court

Live Law  

Answering a reference, the Supreme Court today ruled that permanent alimony and interim maintenance under the Hindu Marriage Act, 1955 can be granted even when the marriage has been declared void. "A spouse whose marriage has been declared void under Section 11 of the 1955 Act is entitled to seek permanent alimony or maintenance from the other spouse by invoking …

‘Marriage is not a commercial venture’: SC rebuke for woman seeking permanent alimony after short-lived nuptials
2 months, 3 weeks ago

‘Marriage is not a commercial venture’: SC rebuke for woman seeking permanent alimony after short-lived nuptials

Live Mint  

The Supreme Court of India censured a woman this week over calls for ‘permanent alimony’ following a short-lived marriage. He has now been ordered to shell out another ₹12 crore as permanent alimony to his second wife as a full and final settlement for all her claims within a month. The woman however insisted that she should be granted a …

Wife's Financial Independence No Bar To Grant Alimony If It's Necessary To Secure Dignity & Social Standing Post-Divorce: Supreme Court
2 months, 3 weeks ago

Wife's Financial Independence No Bar To Grant Alimony If It's Necessary To Secure Dignity & Social Standing Post-Divorce: Supreme Court

Live Law  

The Supreme Court observed that maintenance can be granted despite the financial independence of a party if it is necessary to secure dignity, social standing, and financial stability post- divorce, especially in cases where the marriage has subsisted for a long period. However, considering the dynamics of their separation and the financial burdens the appellant may have borne during the …

Strict laws for women's welfare, not to threaten, extort husbands: Supreme Court
Trending News
2 months, 3 weeks ago

Strict laws for women's welfare, not to threaten, extort husbands: Supreme Court

India Today  

The Supreme Court on Thursday underscored that laws enacted for the welfare of women should not be misused as instruments of harassment, intimidation, or extortion against their husbands. The Supreme Court's observations came amid the massive outrage of a techie, Atul Subhas, who alleged that his estranged wife and her family demanded Rs 2 lakh in monthly maintenance, later increasing …

Can’t seek alimony as means to equalise wealth: Supreme Court
2 months, 3 weeks ago

Can’t seek alimony as means to equalise wealth: Supreme Court

Hindustan Times  

A Hindu marriage is a sacrament and not a commercial venture, the Supreme Court held on Thursday, highlighting concerns over the misuse of penal laws in matrimonial disputes and clarifying that alimony cannot be sought as a means to equalise wealth between spouses, even if the husband has achieved financial success post-separation. “A Hindu marriage is a sacrament and is …

Supreme Court says woman can’t demand alimony to match ex-husband’s current wealth,
3 months ago

Supreme Court says woman can’t demand alimony to match ex-husband’s current wealth,

Op India  

Amid the rising debate over astronomical alimony demands in divorce cases and misuse of domestic violence laws, the Supreme Court on Thursday said that a divorced wife can’t demand permanent alimony just to maintain equal wealth status with the ex-husband. The petitioner woman, the man’s second wife, demanded that her alimony should match her ex-husband’s current wealth as well as …

Ex-Husband Can't Be Expected To Maintain Ex-Wife As Per His Present Status All Life; Alimony Not To Equalise Wealth : Supreme Court
Trending News
3 months ago

Ex-Husband Can't Be Expected To Maintain Ex-Wife As Per His Present Status All Life; Alimony Not To Equalise Wealth : Supreme Court

Live Law  

The Supreme Court has observed that a divorced wife cannot seek permanent alimony just to attain equal wealth status with the ex-husband. The Court expressed reservtions with tendency in matrimonial proceedings to seek maintenance or alimony as an "equilisation of wealth with the other party." While the wife is entitled to be maintained, as far as possible, to the same …

'Permanent Alimony Is Awarded To Ensure Decent Living Standard For Wife' : Supreme Court Reiterates Factors To Be Considered
8 months ago

'Permanent Alimony Is Awarded To Ensure Decent Living Standard For Wife' : Supreme Court Reiterates Factors To Be Considered

Live Law  

The Supreme Court, while ordering the dissolution of marriage, observed that the award of maintenance or permanent alimony should not be penal. With respect to the husband's financial capacity, the Court said that his actual income, reasonable expenses for his own maintenance, and any dependents he is legally obligated to support should be examined. Respondent-husband has certain obligations towards three …

Either Of The Spouse Can Claim Alimony Under Sec 25 HMA : Bombay High Court Directs Wife To Pay Maintenance To Husband
2 years, 11 months ago

Either Of The Spouse Can Claim Alimony Under Sec 25 HMA : Bombay High Court Directs Wife To Pay Maintenance To Husband

Live Law  

In a rare instance the Bombay High Court upheld two orders of the civil court in Nanded, directing a wife, working as a teacher, to pay Rs 3,000 maintenance to her husband by directing the school principal to deduct Rs. "The scope of Section 25 of the Act of 1955 cannot be constricted by not making it applicable to a …

Maintenance Awarded Must Be Reasonable & Realistic; Objective Of Alimony Is Not To Punish The Other Spouse: Supreme Court [Read Judgment]
4 years, 4 months ago

Maintenance Awarded Must Be Reasonable & Realistic; Objective Of Alimony Is Not To Punish The Other Spouse: Supreme Court [Read Judgment]

Live Law  

The Supreme Court has observed that the objective of granting interim / permanent alimony/maintenance is to ensure that the dependant spouse is not reduced to destitution or vagrancy on account of the failure of the marriage, and not as a punishment to the other spouse.The maintenance amount awarded must be reasonable and realistic, and avoid either of the two extremes …

Is A Wife Divorced By Husband On Ground Of Desertion Entitled To Maintenance ? SC Answers [Read Judgment]
5 years, 5 months ago

Is A Wife Divorced By Husband On Ground Of Desertion Entitled To Maintenance ? SC Answers [Read Judgment]

Live Law  

The Supreme Court has observed that a wife, who has been divorced by the husband, on the ground that the wife has deserted him, is entitled to claim maintenance under Section 125 of the Code of Criminal Procedure. Contention that the divorced wife is under a compulsion to live with the ex-husband Illogical In Dr. Swapan Kumar Banerjee vs. State …

Supreme Court says alimony must befit status of both parties, spouse's capacity
7 years, 10 months ago

Supreme Court says alimony must befit status of both parties, spouse's capacity

Firstpost  

The amount of alimony awarded to a woman must be befitting the status of parties and capacity of the spouse to pay maintenance, the Supreme Court has said. New Delhi: The amount of alimony awarded to a woman must be befitting the status of parties and capacity of the spouse to pay maintenance, the Supreme Court has said. The court’s …

While granting divorce in favour of Husband, Permanent alimony can be granted to a wife who did not join him in spite of direction of restitution of conjugal rights: Orissa HC [Read Judgment]
9 years, 2 months ago

While granting divorce in favour of Husband, Permanent alimony can be granted to a wife who did not join him in spite of direction of restitution of conjugal rights: Orissa HC [Read Judgment]

Live Law  

We are not inclined to accept the contention raised by the learned counsel for the respondent husband that if a wife does not join the company of her husband in spite of the direction of restitution of conjugal rights, at the time of passing decree of divorce in favour of the husband, no permanent alimony can be granted to the …

Till Divorce and Alimony Do Us Part
10 years ago

Till Divorce and Alimony Do Us Part

The Quint  

A Family Court in Mumbai has observed that women who are qualified yet idle, are not entitled to claiming maintenance from their husbands. While dismissing a qualified dietician’s plea for maintenance from her businessman husband, the court observed that “The wife who is well qualified and claiming maintenance by sitting idle is not entitled to get maintenance. One, qualified as …

Woman Leaving Hubby On Her Own Not Entitled To Alimony : Court
13 years, 4 months ago

Woman Leaving Hubby On Her Own Not Entitled To Alimony : Court

India TV News  

New Delhi, Nov 2: A woman cannot claim maintenance from her husband if she leaves him out of her own “sweet will”, a Delhi court has held denying alimony to an estranged wife. The court said living separately from the husband was not sufficient for the wife to claim maintenance as she must prove that her husband had refused to …

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