The Nagpur bench of the Bombay High Court has said that a woman who is working can still get alimony from her husband after divorce. The case was about a man from Nagpur who challenged a lower court's decision that told him to pay Rs 15,000 every month to his ex-wife as alimony.
Justice Urmila Joshi Phalke heard the case and rejected the man's petition. She said that the man’s claims were “invalid” after the court studied all details of the case. The woman in this case is from Wardha and works as a physiotherapist. Even after her job, the court allowed her to get alimony.
The man had told the court that his former wife earns enough to take care of herself and their two children. He said, “There is no need for the alimony.” But the court did not agree with this and supported the earlier decision of the Wardha Sessions Court.
This is not the first time such a decision has been made. Earlier this year, the Delhi High Court also gave a similar ruling. In that case, the woman had left her job to take care of her child. The Delhi High Court said that such a decision does not count as voluntary unemployment, and the woman can still get alimony.
The Delhi court also said that the wife’s “earning capacity” should not be considered while fixing the alimony. It is her “actual income” that matters. The husband in that case had said his wife was earning Rs 40,000 to Rs 50,000 earlier but had now quit her teaching job.