Can alimony be awarded for working wife

Husband can pay monthly . As you say wife is qualified and was working earlier than no maintaence. 

No alimony if can maintain decent life with earnings

Wife should not be allowed alimony in the light of her capability to earn. However, a permanent settlemant amount can be arrived at....

Regards

Chetan(dot)7679(at)gmail(dot)com

@Querist,

Whether she earns or not is immaterial in determining the maintenance amount.The question of maintenance amount depends upon your earnings and living standards of both of you and also whether you have sons/daughters,as the case may be.

Note-This reply should be taken per the declaration given in my profile page.

Thanks,

Regards,

@ Chetan Joshi

sir for permanent settlement will court consider husband's consent or it will just pass an order.

@Mr. Sumitra Kumar

no issues born out of that wedlock. she was earning before marriage and qualified enough to earn and even after marriage she worked as a free lancer few material evidences are there in this regard and i earn few thousands more than her thats it. my family own a house and a car and they dont own anything.

@Querist,

It's not in your discretion to decide if you like to pay one time alimony or monthly maintence. your wife's and the court's,decision/consent is of much importance.I expressed my opinion. Now it's upon the Court to decide your case.

Note-This reply should be taken as per the declaration given in my profile page.

[Last reply to this thread]

Thanks,

Regards,

https://www.dnaindia.com/india/report_no-alimony-for-wife-earning-well_1192215
https://advocateseema.in/files/Dr._E._Shanthi_vs_Dr._H.K._Vasudev_on_22_August,_2005.pdf

There are many similar judgements where alimony is dismissed if wife earning is adequate to maintain decent life

Serach in this fourm itself there are many postings. however this is completly to court discretion and based on your supporting evidence and arguements

Whether she earns or not is immaterial in determining the maintenance amount.

sumitra ji ...

again, I disagree

also conduct of the parties also matters while granting alimony.

25        Permanent alimony and maintenance

(1)        any court exercising jurisdiction under this Act may at the time of passing any decree or at any time subsequent thereto, on application made to it for the purpose by either the wife or the husband, as the case may be, order that the respodent shall 1[***] pay to the applicant for her or his maintenance  and support such gross sum or such monthly or periodical sum for a term not exceeding the life of the applicant as, having regard to the respondent's own income and other property, if any, the income and other property of the applicant 2[the conduct of the  parties and other circumstances of the case], it may seem to the court to be just, and any such payment may be secured, if necessary, by a  charge on the immovable  property of the respondent.

(2)        If the court is satisfied that there is a change in the circumstances of either party a           at any time after it has made an order under sub-section (1), it may at the instance of either party, vary, modify or rescind any such order in such manner as the court may deem just.

(3)        If the court is satisfied that the party in whose favour an order has been made under this section has remarried or, if such party is the wife, that she has not remained chaste, or, if such party is the husband, that he has had

s*xual intercourse with any woman outside wedlock, 1[it may at the instance of the other party very modify or resind any such any order  in such manner as the court may the just.]

COMMENTS

Were matrimonial relief is refused the order of refusal amounts to a decree for all purposes including for appeal as under s.20 of the  Act.-M.K.Jain. v.L.M.Jain AIR 1991 Bom 440.

Sec. 11 of the Code of Civil Procedure or the principles of res judicata or the doctrine of estoppel is of no avail against the wife so as to defeat her claim for  the higher ratio  of maintenance allowance.- R.S.Rastogi.v.Vinay Rastogi AIR 1991 All. 255.

Yes the court will consider....

@Victim and others with similar questions:

Not to demotivate you but : You must read Bombay HC recent Judgement:  (https://timesofindia.indiatimes.com/city/mumbai/There-is-no-law-compelling-a-wife-to-earn-HC-tells-husband/articleshow/18675117.cms)

In this recent judgement

"Husband claims that the wife is educated and was working, but has later given up her job. Judge noted that there is yet no legislation which compels the wife to work. A wife is yet entitled not to work and to claim maintenance if she has been not been provided sufficent support and if the husband has failed and neglected to maintain her,'' said Justice Dalvi, declining to interfere with the order."

Welcome to the Realitiy my friend. !

what if husband filed divorce after making all attempts to call her. including applying for family counselling at caw cell and after receiving notice from caw cell wife sent legal notice instead of attending caw cells counselling. (documentry evidences are there)

Agreed with Amith.