Marriage is considered a sacred bond in India, but many times the husband and wife have to divorce due to circumstances. The most important question that comes up after divorce is Elimination i.e. maintenance allowance. It is generally believed that the husband gives an alimony to his wife after divorce. But what is the situation if the wife’s income is more than a husband? Does the wife get an alimony or husband?
Let us know what the law says in this regard in India and on what basis the court decides the ultimate.
If the wife’s salary is more than her husband, then who will get the ultimate?
The general belief is that after divorce, only the wife has the right to the ultimate. But according to Indian law, this is not the case. If the wife’s income in a case is more than the husband and the husband’s income is not enough to live well, then the court can order the wife to give the husband an alimony.
That is, if the wife is financially more competent and the husband is weak, then the husband may also be entitled to the ultimate.
What does Indian law say?
There is a clear provision in Section 24 and Section 25 of the Hindu Marriage Act, 1955 under Indian law.
According to Section 24, if any party-whether it is a husband or a wife-needs financial assistance for his living during the divorce process, he can apply for interim maintenance.
According to Section 25, there is a provision of permanent alimony after divorce. In this, the court determines the ultimate keeping in mind the income, property, standard of living, needs and other circumstances of both sides.
This means that whether it is male or female, economically weaker side can be given ultimate.
When can a husband claim alimony?
If the husband is in the following situations, he can claim the ultimoni after divorce:
Husband’s income is much less than wife’s income.
The husband is unemployed and the wife is earning good income.
The husband’s financial condition is so weak that he cannot depend on himself for his living.
During marriage, the husband depended on the income of the wife.
However, if the husband also has a respectable income, the court can reject the claim of the ultimate.
What do the court take care of in deciding the ultimoni?
The court considers many things while deciding the ultimate, such as:
Monthly income of both husband and wife.
How many years did the marriage lasted.
The level of living of both.
Who is the responsibility of children?
What will be the economic status of which party in future after divorce.
Property and liabilities of the parties.
Health conditions and other individual conditions.
After examining all these aspects, the court decides who, how much ultimoni should be given.
conclusion
In India, not only the wife, but also the husband can get the ultimate, provided that he can prove his economic weakness. If the wife’s salary is more than the husband and the husband’s condition is weak, then the court can also order the wife to give the alimony.
Therefore, in divorce cases, not just gender, but a decision is taken on the basis of real economic condition.
If you are also facing this situation, then take full information about your rights after consulting a qualified family lawyer.
