Indian women are breaking barriers owing to educational reforms and empowerment which is changing the way women live in today’s Indian society. These reforms have impacted the divorce proceedings and alimony considerations. The existing divorce and alimony laws were made to ensure the maintenance of the claimant based on the assumption that she can’t support herself. But now considering the changing scenarios, the court is bound to analyse the condition of both the parties before making decisions. While women are taking over the world making their marks on the top position, 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 a self-sufficient and high earning woman can claim for alimony.
Does A High-Earning Woman Qualify For Alimony?
Despite existing gender pay disparity, women are earning more than men in several fields owing to their talent. This earning disparity has changed the marital scripts raising the question of whether a high-earning woman can claim for alimony or not. There is no direct Yes or No answer to this question.
Siddharth Chandrashekhar said, “Typically not. Courts have ruled that an earning woman who can sustain herself doesn’t qualify for maintenance. Our courts have observed that maintenance isn’t a “gratuity” but a necessity.”
“If she earns enough to live independently, alimony is unlikely,” said Siddharth.
The Supreme Court has held that a woman can claim maintenance even though she is earning, emphasising that maintenance isn't a "gratuity" but a necessity.
While Niharika said this would depend on whether she is earning enough to maintain her needs and the life she enjoyed during the period of the marriage, as well as what the man’s earning capacity is.
What Law Says?
According to Section 25 (Permanent Alimony and Maintenance) of the Hindu Marriage Act, Alimony is granted to working women during and after divorce proceedings. The Muslim Personal Law and the Parsi Marriage and Divorce Act also claim the same. However, there are conditions for it which vary from case to case.
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