The Karnataka High Court has ruled that an able-bodied husband who has the capacity to earn cannot seek permanent alimony from his wife after divorce. The decision came in a case involving a husband’s appeal for alimony under Section 25 of the Hindu Marriage Act.
Case Overview
The case was brought forward by T. Sadananda Pai, who sought permanent alimony from his wife, Sujatha S. Pai, after their marriage was dissolved. The wife had left the matrimonial home in 1994, before the birth of their child. Despite the birth of their son, she did not return to the marital residence.
The husband subsequently filed for divorce and also requested permanent alimony, claiming that he was unemployed and lacked a steady source of income. However, the Family Court dismissed his alimony petition while granting the divorce in 2015.
Arguments Presented
The husband argued that since his wife was employed as an Assistant Manager in a Co-operative Society, earning a monthly salary of ₹8,000, she was obligated to support him financially. He stated that he had lost his job as a security guard and had no income.
On the other hand, the wife contended that she was supporting their son, who was 15 years old at the time, and bore significant financial responsibilities, including his education expenses.
High Court Findings
The division bench, comprising Justice Alok Aradhe and Justice J.M. Khazi, considered several factors to determine alimony eligibility, including the status of the parties, their needs, independent income, and property ownership.
During cross-examination, the husband admitted that he owned a share in valuable family lands and a residential property. The Court also noted that he had not contributed to the upbringing of their child, placing the full financial burden on the wife.
The Court emphasized that an able-bodied individual with earning capacity should not rely on their ex-spouse for permanent support. It upheld the Family Court’s judgment, dismissing the husband’s alimony request.
Key Takeaways
This ruling reinforces the principle that self-sufficiency is crucial in alimony cases. The judgment highlights that permanent spousal support should be reserved for those genuinely unable to support themselves due to circumstances beyond their control.
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