Question

Who is eligible for alimony under the Hindu Marriage Act?

• A. Only wife
• B. Both Husband and wife
• C. Only husband
• D. Husband, wife and children

Hint:

In cases of divorce or separation under the Hindu Marriage Act, both spouses can claim alimony, depending on their financial need and ability to pay.

Answer 1

The Correct Option is B

Under the Hindu Marriage Act, both the husband and wife are eligible for alimony, provided the conditions of the act are met. Alimony is granted to ensure that a party to the marriage, who is financially dependent on the other, is able to maintain a reasonable standard of living following a divorce or separation. This can be awarded to either the husband or the wife based on the facts of the case, and not just to the wife.

Answer 2

Eligibility for Alimony under the Hindu Marriage Act, 1955:
The Hindu Marriage Act, 1955 provides provisions for awarding alimony or maintenance to either spouse, making it a gender-neutral statute in this context.

Section 24 – Maintenance Pendente Lite:
This section allows either the husband or the wife to apply for interim maintenance during the pendency of matrimonial proceedings if they have no independent income sufficient for their support and to cover legal expenses. The court, after considering the financial status of both parties, may direct the other spouse to pay a reasonable monthly amount.

Section 25 – Permanent Alimony and Maintenance:
After the passing of a divorce decree, the court can order either spouse to pay permanent alimony to the other. The amount and duration are decided based on:
- The income and financial condition of both parties
- The conduct of the parties
- The age and health of the applicant
- The ability of the applicant to maintain themselves

Gender-Neutral Provision:
Although historically more women have sought alimony, the Act explicitly allows both husband and wife to make a claim. Courts have upheld this principle in various judgments, especially in cases where the wife is earning significantly more than the husband.

Conclusion:
Both husband and wife are eligible for alimony under the Hindu Marriage Act, depending on the financial situation and the discretion of the court. The law ensures fairness and support for the economically weaker spouse, irrespective of gender.