The Karnataka High Court ruled that a healthy man capable of earning cannot seek permanent alimony from his wife after divorce. A division bench comprising Justice Alok Aradhe and Justice J M Khazi dismissed an appeal filed by 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 marital home in February 1994 before their child was born. After their son’s birth, she did not return to the marital home. Later, the husband filed a petition seeking divorce and another petition requesting permanent alimony from his wife. On August 19, 2015, the Family Court dissolved the marriage but dismissed his alimony petition.
The husband argued that his ex-wife, employed as an Assistant Manager in a Co-operative Society, should provide him financial support. He claimed he was previously employed as a security guard at a temple but lost his job and currently has no income.
The wife countered that she earns a monthly salary of Rs. 8,000 and has the responsibility of taking care of their 15-year-old son. The bench considered various factors such as the parties’ status, their reasonable needs, and any independent income or property.
The court noted that during cross-examination, the husband admitted to owning a share of his father’s land and a share in a residential house, both of which are valuable properties. Additionally, the court pointed out that the husband had not contributed to their child’s upbringing, leaving the financial burden of the child’s education on the wife.
For these reasons, the court found no grounds to overturn the Family Court’s decision and dismissed the husband’s appeal for alimony.
Be a part our social media community:
Facebook: https://www.facebook.com/IndianMan.in?mibextid=ZbWKwL
Instagram:
https://www.instagram.com/indianman.in?igsh=MWZ2N3N0ZmpwM3l3cw==
