Permanent Alimony Denials: Grounds and Judgments
1. Desertion by Wife
– Judgment: Ramesh Chander Kaushal vs. Veena Kaushal (1978) – Supreme Court
– Grounds: Desertion by wife without reasonable cause
– Ruling: Wife’s claim for permanent alimony was rejected due to her desertion without reasonable cause
2. Wife’s Income and Financial Independence
– Judgment: (1953) – Supreme Court
– Grounds: Wife’s financial independence and sufficient income
– Ruling: Wife’s claim for permanent alimony was rejected as she had sufficient income and was financially independent
3. Wife’s Misconduct
– Judgment: Durga Prasanna Tripathy vs. Arundhati Tripathy (2005) – Orissa High Court
– Grounds: Wife’s misconduct, including adultery and cruelty
– Ruling: Wife’s claim for permanent alimony was rejected due to her misconduct
4. Short Marriage Duration
– Judgment: Anil Kumar vs. Sunita (2008) – Delhi High Court
– Grounds: Short duration of marriage (less than 2 years)
– Ruling: Wife’s claim for permanent alimony was rejected as the marriage was short-lived and there was no sufficient evidence of her financial dependence on the husband
5. Wife’s Failure to Prove Financial Dependence
– Judgment: Rajesh vs. Smt. Anuradha (2017) – Bombay High Court
– Grounds: Wife’s failure to prove financial dependence on the husband
– Ruling: Wife’s claim for permanent alimony was rejected as she failed to provide sufficient evidence of her financial dependence on the husband
6. Husband’s Financial Constraints
– Judgment: Smt. Renu vs. Sanjeev (2019) – Punjab and Haryana High Court
– Grounds: Husband’s financial constraints and inability to pay permanent alimony
– Ruling: Wife’s claim for permanent alimony was rejected as the husband was facing financial constraints and was unable to pay.