Permanent Alimony-- Earning Wife-- Wife's Independent Income Moderates Quantum But Does Not Defeat Entitlement Where Significant Financial Disparity Exists Between Spouses
A wife's independent income does not automatically disentitle her from permanent alimony under Section 25 of the Hindu Marriage Act. The provision is equitable in nature and aims to secure financial justice between spouses upon dissolution of marriage. The grant of alimony is contingent upon proof of genuine financial necessity and equitable considerations, including the disparity in financial status of the parties. As a general principle, a wife is entitled to approximately one-third of the husband's income as permanent alimony, and the wife's own earnings may be factored in to moderate the quantum rather than to deny the relief entirely. Hindu Marriage Act, 1955, S.25
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