Able-Bodied Husband with Earning Capacity Can’t Seek Permanent Alimony from Wife: Karnataka High Court
The Karnataka High Court ruled that a capable man with the ability to earn cannot request permanent alimony from his wife after divorce. A division bench of Justice Alok Aradhe and Justice J M Khazi dismissed the appeal of T. Sadananda Pai, who sought permanent alimony from his wife under Section 25 of the Hindu Marriage Act.
According to the husband, his wife left their home in February 1994 before their child was born. After their son was born, she did not return. The husband then filed for divorce and also requested permanent alimony. On August 19, 2015, the Family Court granted the divorce but dismissed his alimony petition.
The wife, employed as an Assistant Manager in a Co-operative Society, argued that she earns Rs. 8,000 per month and supports their 15-year-old son. The husband, previously employed as a security guard in a temple, claimed he lost his job and has no income, thus needing support from his wife.
The court considered factors like the status of both parties, reasonable needs, and the independent income and property of the claimant. It noted that the husband admitted to having shares in valuable properties, including land and a house.
Furthermore, the court acknowledged that the wife bears the financial burden of their son’s education, a responsibility not shared by the husband.
The court concluded, “Given these reasons, we find no grounds to interfere with the judgment and decree.”
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