Alimony from wife
Mrunmai Deshpande
(Querist) 11 November 2013
This query is : Resolved
I am a young man of 40 years of age. After marriage I developed neurological ailment and hence became physically handicapped and so had irregular income. Due to this my wife deserted me 4 years back, carried my son with her and started staying with her parents at Pune. She started working there in a school as a regular employee. In the mean time, I also recovered fully from my physical disability, though I am still under medication and medical observation which according to treating doctors has to be continued for years. I have started earning regular income as well. I am now divorced and since my wife has source of regular income, I am exempted from giving her any alimony though I am giving child maintenance on monthly basis. I have the following query ----
If there is a relapse in my neurological ailment, which the treating doctors fear, and could not earn, can I demand financial support from my earning ex-wife? Please advise !
Nadeem Qureshi
(Expert) 11 November 2013
yes, if you are unable to maintain your self then you are entitled to get pendelite maintenance under section 24 of Hindu marriage act, but this application will be maintainiable if any proceeding under this act is pending before the court as divorce or RCR.
Rajendra K Goyal
(Expert) 11 November 2013
Agree with the expert raj kumar makkad ji.
R.K Nanda
(Expert) 11 November 2013
nothing more to add.
Devajyoti Barman
(Expert) 11 November 2013
yes, you are entitled to alimony from your wife u/s 24 of HMA.
Adv. Chandrasekhar
(Expert) 11 November 2013
As you have clearly indicated that you are divorced, the question of S.24 does not arise. If such unfortunate situation arises which you are apprehensive about, you can move application only in such a situation seeking the exemption of paying maintenance to your child. The court may take the changed circumstances and give you such limited relief.
