Meenakshi Venkatramani
Asked January 25, 2017

Divorce and Alimony

  • 1 Answer
  • 364 Views

I want to know that my brother has filled for mutual consent divorce now his both kidney failed his wife pressureiising for alimony and threatening to com back make my brother's life hell she needs money only

Answer 1

The court will look into the following factors while deciding if a person deserves alimony under Section 125 of CrPC and Section 24 of Hindu Marriage Act, 1955[1]-

  • Alimony is not allowed to the life partner already married to some one else in the event that he or she is as of now accepting backing amid the season of separation. Despite the fact that the remunerating of divorce settlement can be modified on such occasions taking into account the contentions for guaranteeing the backing.
  • In the instance of a contested divorce, life partners fail to understand the concept of alimony or how much amount should be paid. In such circumstances, the court takes up the undertaking of settling on a choice on the measure of support to be paid.
  • Only under certain convincing circumstances the court ventures out to change the officially encircled support after looking into the social economic conditions of the wife.

In this case, considering the health of your brother, the court will ideally decide in your favour as the socio-economic conditions of your brother as per the third point enumerated in this case.

 

 

Also, as seen in the case of Sanjay Bhardwaj & Ors. v. The State & Anr., Crl.M.C.No. 491/2009, decided at the Delhi High Court, if the court feels that a husband is unable to find a job and earn sufficiently due to various reasons, then alimony can be denied to a wife. In this case, you can argue that owing to bad health conditions, your brother cannot work sufficiently to provide maintenance to the girl in question.

 

Thus, you can cite the following cases in your favour.

 

[1] Mamta Jaiswal vs Rajesh Jaiswal, Madhya Pradesh High Court, II (2000) DMC 170

Agree Comment 0 Agrees almost 4 years ago

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