Hindu Marriage Act: Able-Bodied Husband Having Earning Capacity Can’t Seek Permanent Alimony From Wife

Case: T.Sadananda Pai V. Sujatha S Pai

Coram: Justice Alok Aradhe and Justice J M Khazi

Case No.: M.F.A. NO.1797 OF 2021

Court Observation: “The appellant is an able bodied person and has the capacity to earn. The Family court therefore, has rightly rejected the petition filed by the appellant under Section 25 of the Act.”

“In the instant case, the appellant who is an able bodied person in his cross examination has admitted that he has a share in the lands held by his father and that he also possesses a share in a residential house. It has further been admitted that the aforesaid properties are valuable properties.”

“For the aforementioned reasons, we do not find any ground to interfere with the impugned judgment and decree.”

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Keywords

Hindu Marriage Act, Permanent Alimony