The labyrinth of divorce and alimony laws often poses a variety of challenges owing to changing societal norms. These laws were made ages ago according to the then existing norms, but are still practised. This is one of the major reasons behind the challenges that are posed in today's divorce cases. While navigating different aspects of 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 whether an earning wife of an unemployed husband is eligible for alimony.
Is Earning Wife Of Unemployed Husband Eligible For Alimony?
Siddharth Chandrashekhar said, “Yes, but only if she can prove her need.”
He further explained that if she has children to support or is unable to meet her lifestyle expenses, courts may still award alimony. This differs from case to case however it is not completely unheard of to come across a ruling where a woman’s earning capacity doesn’t negate her right if the husband is capable of earning.
When the stereotypical marital script flips, and the husband is unemployed while the wife is earning, her alimony claim might be akin to a plot twist no one saw coming. Courts evaluate the financial dynamics, and if the husband is capable of employment but chooses not to work, the wife's claim could still hold water. However, if his unemployment is involuntary, her chances might dwindle very fast.
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What Law Says?
Niharika said, “The legal position differs based on the State, while the Delhi High Court has determined that an unemployed man cannot be compelled to pay alimony, the Allahabad High Court has expressed a differing view; the Karnataka High Court has further opined that if a man is fit to work, he must find employment and thereby pay the alimony.”
She highlighted that Section 144 of the BNSS (formerly Section 125 of the Code of Criminal Procedure), furthermore, allows individuals to seek maintenance if they have either a disability or a financial need. For this, the Courts would assess an individual’s income, assets and property.
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