Divorce Facts 101: Is It Required For An Earning Women To Pay Alimony To Husband? Legal Expert Weighs In

Divorce and alimony cases in India often unfold differently owing to the changing societal landscape. With women taking over the world the financial landscape is changing and so are the financial shifts in marital scripts. However, when it comes to alimony, we often come across cases where men are obliged to pay the alimony, but with the changing financial landscape in marriages, it won’t be a surprise that men could also expect alimony. We spoke to Siddharth Chandrashekhar, Advocate & Counsel Sr. Panel Counsel: Department of Revenue Intelligence [DRI], Directorate of GST Intelligence [DGGI], CBIC, Mumbai and Niharika Karanjawala-Misra, Principal Associate at Karanjawala & Co. to understand the legal aspect of this alimony angle.

Is It Required For An Earning Woman To Pay Alimony To Husbands?

Siddharth Chandrashekhar said, “Yes, equality works both ways.” He highlighted that Section 25 of the Hindu Marriage Act allows men to claim alimony if they can prove financial hardship.

He mentioned that several courts have held and clarified that gender does not dictate entitlement to maintenance. However, courts are cautious about granting this unless the man is genuinely in need.

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What Law Says?

Traditionally when women used to be dependent on their husbands, they were entitled to claim for alimony. But with the changing financial landscape, when men and women both are working and contributing to the household finances, the claims stand unfair.

Niharika highlighted that now several laws allow an unemployed or low-earning man to claim alimony.

She said, “The Hindu Marriage Act, under Section 25 allows a husband to be granted alimony, while Section 40 of the Parsi Marriage and Divorce Act empowers either a man or woman to seek alimony. However, the Special Marriage Act allows for alimony to be paid only to a woman and not to a man.”

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