Court has started the procedure for setting up alimony . My wife is working in Indian railways as senior clerk and earning about 50000/- per month. I am earning around 1 lakh per month. How much who are entitled for alimony ? And what will be the worst and best possible out come for me. What I should do next.
A decision by family court, Bandra-Mumbai dismissed maintenance petition as given below:
The petitioner is claiming maintenance for herself but she has not stated in her application that she is working. During the course of arguments the learned Counsel for petitioner has admitted that the petitioner-wife is working and she is earning Rs.25,000/- per month. It is settled position of law that if any person claim equity, he shall come with clean hand. The petitioner has concealed her income and service, therefore her application is not bonafide. Secondly, the petitioner-wife is earning, she has not filed her salary slip on record to prove her income, on that count also she is not entitled for grant of maintenance.
First Appeal No.72 of 2004 arises out of the judgment and decree dated 30.09.2004 passed by Principal Judge, Family Court, Lucknow, whereby the petition filed by the appellant under Section 25 of the Hindu Marriage Act read with Section 151 CPC and Rule 17 of the Hindu Marriage and Divorce Rule, 1956, has been dismissed.
Learned counsel for the respondent has submitted that it is clear from the provisions of Section 25 of the Act that the Court while considering the application for permanent alimony will also take into account the conduct of the parties and other circumstances. In this case, the conduct of the appellant has always been to prolong the proceedings of the case and get money by one way or the other. Whenever an effort was made for reconciliation, the appellant demanded a handsome amount to settle the matter. Thus, the conduct of the appellant was such that the learned court below did not find it proper to award any permanent alimony. The learned court below on the basis of the evidence has come to the conclusion that the appellant was getting only Rs.3,875/- per month after deduction. The appellant on the other hand was getting salary of Rs.5,631/- per month from Sahara India Office. The learned court below has also found that as required by the Rules, the appellant did not submit any details of her income and keeping in view the income of the appellant as well as that of respondent and also taking into account the conduct of the appellant, she was not entitled for any permanent alimony.
25. Permanent alimony and maintenance.-(1)Any court exercising jurisdiction under this Act may, at the time of passing any decree or at any time subsequent thereto, on application made to it for the purpose by either the wife or the husband, as the case may be, order that the respondent shall pay to the applicant for her or his maintenance and support such gross sum or such monthly or periodical sum for a term not exceeding the life of the applicant as, having regard to the respondent's own income and other property, if any, the income and property of the applicant, it may seem to the court to be just, and any such payment may be secured, it necessary, by a charge on the immovable property of the respondent.
(2) If the court is satisfied that there is a change in the circumstances of either party at any time after it has made an order under sub-s. (1), it may, at the instance of either party, vary, modify or rescind any such order in such manner as the court may deem just".
The appellant on the other hand was getting salary of Rs.5,631/- per month from Sahara India Office. The learned court below has also found that as required by the Rules, the appellant did not submit any details of her income and keeping in view the income of the appellant as well as that of respondent and also taking into account the conduct of the appellant, she was not entitled for any permanent alimony.
Having heard learned counsel for the parties and having gone through the record, we also find that the learned court below, while taking into account the income of the parties and their conduct, has rightly found that the appellant was not entitled to get any permanent alimony from the respondent.
There are plenty of judgments for dismissing alimony claim for working women.