Recently, the high court of Andhra Pradesh set aside a lower court’s order that granted alimony to a woman separated from husband. The court took the decision on the ground that the woman has a job and is earning.

Earlier the ex-wife approached a family court-cum-VII additional district and sessions judge demanding maintenance of ₹10000 per month from her ex-husband. She contended that soon after their marriage the husband suspected her fidelity and harassed her mentally to drive her to commit suicide. She also alleged that he did this to marry another woman who can perhaps give more dowry, The New Indian Express reported. 

The woman further alleged neglect by the husband and sighting no source of income urged the court to grant her the alimony. In the same court, she stated that the husband was a lecturer earning a month salary of ₹15000 and also that he had land property and other fixed assets. 

Though the husband refuted the claims and argued that she had a job and was capable of maintaining herself, the court passed the order in her favour and awarded her ₹4000 alimony every month.

The husband then filed a review petition in the high court to challenge the order issued by a family court-cum-VII additional district and sessions judge. 

The high court observed that the woman is employed as there is no proof of termination of her work and her appointment letter mentions her pay as ₹20000 per month. Meanwhile, the husband contended that he was unemployed and never worked as a lecturer. He earned his livelihood by taking tuitions and also that he had no property. The court then held that the lower court’s order is ‘unsustainable and liable to be set aside’, the daily stated. 

About the amount of maintenance to ex-wife, the Supreme Court recently held that 25 percent of the net salary of the husband would be ‘just and proper’ as maintenance for the wife. The apex court observed that the permanent alimony amount must be befitting the status of both the parties and also the financial capacity of the spouse to pay the amount. Also, the decision of the court will depend on the factual situation of each case.