Apr 13

Supreme Court of India on Alimony

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The Supreme Court of India has recently held in a judgment that a wife is entitled to get alimony from her Husband even after desertion if she is unable to sustain herself. The Supreme Court in this case has given more importance to social welfare than legal technicality. This judgment comes at a very appropriate time to clear a lot of legal dilemma and doubts.
The courts generally fall back on Section 125 of the Criminal Procedure Code to grant alimony irrespective of the religion of the parties. The Section however also provides for circumstances when a woman is not entitled to alimony and one ground is desertion.
The Husband in this instant case was asked by the Himacha Pradesh High Court to pay alimony to the wife and this same judgment was challenged before the Supreme Court. It was contended by the Wife’s counsel that a divorced woman has an indefeasible right to get maintenance notwithstanding the ground for divorce.
The Supreme Court upheld the Judgment passed by the Himachal Pradesh HC.

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