Family Court Dismisses Alimony Application After Documents Show Wife Earns More

She did not submit any medical records or supporting documents to substantiate her health claims.
Family Court, Pune
Family Court, PuneGoogle Maps: Adv Angad Manwatkar
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Pune: A family court in Pune has denied a woman’s plea for interim alimony after it was revealed through court-submitted documents that her monthly income exceeds that of her husband.

The decision was made by Judge S.N. Rukme, who noted that according to the February 2024 salary slip provided by the wife, her monthly income stands at ₹1,11,850, with a net income of ₹84,867, which is substantially higher than her husband’s earnings.

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The wife initially claimed in court that her income was ₹68,823 per month, which she presented as being lower than her husband's. However, in compliance with the Supreme Court’s directives, both parties were required to submit affidavits detailing their assets and income.

The salary documents revealed that the wife’s actual income was much higher than her initial claim. Based on this evidence, the court concluded that she did not qualify for alimony and rejected her application.

Advocate Kalpana Nikam, who represented the husband in the case and serves as the Vice President of the Family Court Lawyers Association, explained the background of the case.

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The couple had lived together for only 11 months after their marriage. In January 2016, the wife left the matrimonial home and did not return. This prompted the husband to file for divorce under the Special Marriage Act, citing more than four years of separation. In response, the wife filed an application seeking interim alimony.

The husband works as a gym trainer and operates a cafe, claiming an income of ₹80,000 per month. The wife, however, is employed and had initially declared her income to be ₹68,823.

She had argued that her earnings were lower than her husband's and cited her illness and ongoing medical treatment as reasons for seeking financial support. However, she did not submit any medical records or supporting documents to substantiate her health claims.

The husband’s lawyer argued that his actual monthly income was far lower than what the wife had claimed, stating that he had only completed his education up to the 10th grade and earned just ₹8,000 per month.

While the wife asserted that her husband’s income was ₹80,000, there was no documentary proof provided to support this claim.

Even if the husband’s income was assumed to be ₹80,000 as claimed by the wife, the court found that the wife’s income was still significantly higher, and thus her request for interim alimony could not be justified. As a result, the court dismissed her application for alimony.

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