Even if you get successful in divorce case on merits there is always when the wife is not working the court can grant a permanent alimony to the tune of 10 lakh-15 lakhs or may be more in a divorce case at the time of passing of the decree.
The ambit of alimony comes under the section 25 of The HMA.
The important point to keep in mind is to first analyse the order.
Whether the court has applied its mind while fixing the alimony.
The quantum of alimony must be as per the the financial status of the husband and proper explanation must be given by the court before fixing permanent alimony to the wife.
The problem with such an order will be Husband even if he wins the case goes bankrupt.
Therefore you must first analyse the order
In the Judgement of Jalendra Padhiary Vs. pragati chhotray
- In our view, mere perusal of the order of the Family Court and the High Court quoted supra,
would go to show that both the Courts failed to apply their judicial mind to the factual and legal
controversy insofar as award of permanent alimony to the respondent(wife) is concerned. Both the
Courts did not even mention the factual narration of the case set up by the parties on the question of
award of permanent alimony and without there being any discussion, appreciation, reasoning and
categorical findings on the material issues such as, financial earning capacity of husband to pay the
alimony and also the financial earning capacity of wife, a direction to pay Rs.15,00,000/- by way of
permanent alimony to the wife was given. In our opinion, such direction is wholly unsustainable in
law.
Advocate Nitish Banka is a first-generation lawyer with over a decade of courtroom experience, known for his strategic defense in complex matrimonial and criminal litigation. He is the founder of Lexspeak Legal, a premium litigation practice that focuses on false 498A/DV cases, maintenance disputes, quashing petitions, discharge, counter-cases, and high-stakes matrimonial strategy for Indian and NRI clients.
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