Skip to main content

Top 10 Points, Can Working Women Ask For Alimony In India? (2020)

best divorce lawyer in pune

1. Divorce entitles the wife to get alimony if she cannot maintain herself but what about working professionals? Can a woman get alimony if she has a source of income? The answer is yes; a working woman is eligible to get alimony depending on her income and living conditions. 

2. Earlier working women in India were not given any kind of alimony or maintenance but with the change in time and subsequent amendments in the law, alimony or maintenance are provided to a working wife under certain circumstances.

3. When we say a working woman, we consider someone who is economically independent and financially able to satisfy her needs but sometimes in cases of married working women they do not earn enough to satisfy their necessities and partially depend on their husbands. These women are eligible to claim a certain amount of alimony.

4. The main reason behind maintenance to a working wife is that a wife faces many problems after leaving her matrimonial home and is deprived of many comforts. So, the monetary comfort in the form of alimony gives her some consolation.

5. After a divorce, women have to go through a lot of difficulties without the support she used to have in her matrimonial home. Therefore, the husband has to maintain his wife and even if the wife is employed she has the right to the same standard of living she earlier used to enjoy.

6. Section 125 of criminal procedure code states that if the spouse cannot maintain herself because of reasonable situations, then it is the duty of the husband provide her with enough alimony to live a life of dignity.

7. The Supreme Court of India held that any woman can claim maintenance despite her efforts to earn a monthly income if the amount earned is not enough to satisfy her unavoidable necessities. 

8. The Supreme Court had also clarified that the expression ‘unable to maintain herself’ does not require a woman to be destitute for money before she can claim alimony or maintenance.

9. In a few more situations like with the husband being jobless does not work as an excuse to avoid alimony. A working wife can rightfully claim maintenance for the child from the husband.

10. With the change in time, the laws dealing with maintenance and alimony had changed and therefore a working woman in India is also entitled to alimony depending upon her living condition after divorce so she can maintain the lifestyle she was used to in her matrimonial house. 

This article is written for educational purposes, this is not for any kind of advertisement of the writer.


Popular posts from this blog

Legal Heir Certificate Format I download pdf copy

Legal Heir Certificate Format 1. According to the Bombay Regulation Act when a member of a family dies then the next Legal heir can apple for the Legal heir Certificate. 2. This certificate is generally required for the legitimate heirs of the person who passed away and can be used by lawful heirs for pension claims, provident fund claims, insurance claims, gratuity, retirement benefits, service advantages, etc. 3. A legal heir certificate cannot be used in the matter of property transfer where a person dies without a valid will and also cases related to money establishments. In these cases, we require a succession certificate. We mostly use the Succession Certificate for inheriting the property left behind by the dead person for his heir. Legal Heir Certificate Format  Procedure for getting legal heir certificate 4. Only the legal heirs of the dead person are eligible to apply for a legal heir certificate . Legal heir includes Husband/Wife or Son/Daug

Negotiable Instruments Act 2018 Amendment pdf Gazette Notification: Top 12 Points

1.  With the help of the Negotiable Instruments (Amendment) Act 2018, new provisions related to interim compensation are added in the Negotiable instruments Act 1881.  2.  It adds two new sections to the NIA 1881 ; Section 143A and Section 148 to limit the issues of dishonor of cheque and to stop the injustice that a cheque bearer faces after the dishonor of the cheque.  3.   In the cases of dishonor of cheques the drawer drags the case longer to avoid the payment and before this amendment, the cheque holder was not entitled to any kind of compensation until the Court fully resolved the case. The Negotiable Instruments (Amendment) Act 2018 focuses on this unfair issue faced by the cheque holder.  4.  The newly added Section 143A gives power to the trial court to allow interim compensation to the complainant of dishonor of cheques when the accused pleads not guilty.  5.  Section 143A specifies that the interim compensation provided shall not exceed twenty perc