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India is a patriarchal society which means not only did men have more freedom they also had more responsibility. Equality can be achieved only when both rights and responsibilities are shared by both men and women. Society is changing and striving for more gender-neutral laws. In cases where the husband is not able to maintain himself, the wife has the responsibility to provide assistance.
The alimony is decided on the basis of age, earning capacity, health condition, children, other responsibilities like taking care of old parents, etc. The husband however cannot claim alimony if he has the capacity to work and earn money.
Alimony is the sustenance given by one spouse to the other spouse who is unable to maintain herself/himself after separation. It is the legal responsibility of a partner to provide necessary financial aid to the other after their divorce. Since there are various personal laws that govern the lives of individuals in India, divorce and maintenance are decided in accordance with that.
Hindu Law
Under Hindu Law, both the wife and the husband can claim alimony. According to Section 24 of the Hindu Marriage Act, 1955, either of the spouses can ask for maintenance during the proceeding if he/she does not have an independent income. Section 25 of the act talks about the permanent alimony to either wife or husband. Such maintenance is directed by the court after considering the situation.
Muslim Law
Muslim Law does not mention providing alimony to the husband. The Muslim Women (Protection of Rights on Divorce) Act, 1986 mentions alimony to the wife after divorce and the conditions required.
Christian Law
The divorce and alimony of Christian are decided under Indian Divorce Act, 1869. This law mentions giving maintenance to the woman after divorce. Section 37 of this act talks about the alimony that has to be given to the wife by the husband.
Parsi Law
The maintenance and alimony of Parsi people are governed by the Parsi Marriage and Divorce Act, 1988. Under this act, the husband or the wife can ask for maintenance from the other party if they are not able to sustain themselves. Section 40 of this act mentions the same. This shall hold good only till the applicant is alive.
In Rani Sethi vs Sunil Sethi, the Hon'ble High Court upheld the order of additional district court in favor of the husband and the wife as directed to pay maintenance to her husband. Although such cases are rare in India there is an increase in the number of such cases after women have started earning.
References:
Rani Sethi vs Sunil Sethi, Civil Appeal no. 169/2009, decided on 31 March 2011
For a more detailed understanding, refer to the" Rani Sethi v. Sunil Sethi " case study by clicking the case below.
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