Karnataka High Court: Able-Bodied Man Can’t Claim Alimony from Wife
The Karnataka High Court has ruled that a man who is physically fit and has the capacity to earn money cannot claim permanent alimony from his wife after divorce.
A division bench of Justice Alok Aradhe and Justice J M Khazi gave this ruling while dismissing an appeal by T. Sadananda Pai, who had asked for permanent alimony under Section 25 of the Hindu Marriage Act.
Pai had earlier stated that his wife had left their home in February 1994, before giving birth to their son. After the child’s birth, she never returned. Later, Pai filed for divorce and also requested permanent financial support from his wife. The Family Court granted the divorce on August 19, 2015, but rejected his alimony request.
In his appeal, Pai said that his wife was working as an Assistant Manager in a Co-operative Society, while he had lost his job as a contract security guard and had no income. Therefore, he claimed that his wife should maintain him.
The wife responded by saying she earned ₹8,000 per month, and had full responsibility for their 15-year-old son.
The High Court reviewed several factors, including:
- The financial status of both parties
- The reasonable needs of the husband
- His independent income and property ownership
The court noted that Pai admitted to owning valuable property, including land and a house, and that he is able-bodied.
Additionally, the court pointed out that Pai did not contribute to his son’s upbringing, and all expenses for the child’s education were being borne by the wife.
Given these facts, the court concluded:
“There is no valid reason to overturn the Family Court’s judgment. The appeal is dismissed.”
Case Title: T. Sadananda Pai vs. Sujatha S. Pai
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