Alimony is not synonymous with Looting

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Alimony is one never dying joke in the households. How the wife looted the man? How the man rejected even paying a penny to his child and wife? The most exciting chapter in a divorce book would be ‘alimony.’ Ironically, where dowry stands in the marriage ceremony, today, ‘alimony’ stands in divorce proceedings.

It cannot be said that the concept of ‘alimony’ is itself nonsense. A woman must be given her share of maintenance by the husband since the traditional times. Yet, the society’s notions of family and woman are changing. Women are becoming independent pillars at home rather than the damsel in distress.

Hence, it is important for the notions of alimony to swerve around and halt according to the changing times. For instance, alimony has been increasingly denied by the Supreme Court where the income of the man is lower than that of a woman. Thus, depending on the circumstances, equity and justice, alimony has to be decided by the courts as per the facts.

Facts

In the instant case, a Varadaranjan had got married in Mayiladuthurai in 2001. He had a daughter born in 2003. Thereafter the wife claimed that he was neglecting the child and her. Hence, she filed for divorce.

Issue

Is the responsibilities of the Husband ought to be considered while ascertaining the Alimony?

Judgment

The court nodded a ‘Yes.’ Justice RMT Teekaraman, pointing out that a family court had directed a man earning Rs 10,500 a month to pay Rs 7,000 to his wife and child, said it would leave just Rs 3,500 for the man to maintain himself and his aged father.[1]

The court stated that

While awarding the maintenance in favour of the wife and children, the court should take into consideration his responsibility to look after the aged old parents, since the husband has been fastened with statutory objections to look after and maintain not only his wife but also his parents under the very same Section 125 of CrPC.”[2]

Also, after slamming the attitude of the trial court, the Madras judge said such an order need not be considered. The judge stated,

The trial court ought to have weighed the entire circumstances and placed a reasonable assessment financial burden on the shoulder of the husband.”[3]

Learning Outcome

Alimony share is depended on the expenditures that the Husband have to take in his family. It is not only depended on the wives’ income alone. An equitable value must be ascertained.

[1] hc/articleshow/59800121.cms

[2] hc/articleshow/59800121.cms

[3] hc/articleshow/59800121.cms

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