● Permanent alimony is provided by the Court to the husband or even to the wife for his or her support and maintenance. (Section 25 of the Hindu Marriage Act)

● If the husband is disabled and is unable to earn and the wife is earning, then the Court grants the wife to pay alimony to the husband.

● To seek alimony from his wife, the husband has to establish that he is permanently unable to earn income due to his disability.

● In Rani Sethi vs Sunil Sethi The Court ordered the wife to pay an amount of Rs 20000 as monthly maintenance and an additional amount of Rs 10000 as litigation expenses.

● A Husband capable of raising funds, isn’t able to get any employment in spite of his effort made is not a mere ground to get alimony from his earning wife. If so, the idleness of husbands will be promoted and they will be tempted not to do any work and depend on the wife for their livelihood, and such a thing is not expected to be promoted in the society. (V. M Nivya v N. K Shivaprasad)

● 25% of the husband’s net salary would be just and proper to be awarded as maintenance to the respondent-wife. The amount of permanent alimony awarded to the wife must be befitting the status of the parties and the capacity of the spouse to pay maintenance. Maintenance is always dependant on the factual situation of the case and the Court would be justified in moulding the claim for maintenance passed on various factors. (Kalyan Dey Chowdhury Vs Rita Dey Chowdhury)

● Section 24 entitles both husband and wife to claim maintenance during litigation on showing that he/she has no independent source of income. For which, the husband has to satisfy the Court that either due to physical or mental disability he is handicapped to earn and support his livelihood. Only because the husband’s business had closed down, he cannot seek maintenance from his wife. (Kanchan v. Kamalendra.)


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