Alimony Law

The basic truth about marriage is that when a couple binds this sacred bond, they have a duty to support each other and for any reason that separates later, the obligation continues and is known as ‘Almony’.

What is Alimony?

Alimony is a monetary compensation given to your spouse, who is unable to support himself or herself, by taking another marriage at the time of divorce or after the divorce. The right to receive alimony depending on the level of income of a person who is economically dependent on marriage. The recipient can be a partner, dependent children, and poor parents.

Alimony is mainly divided into the following two types:

  • The amount of maintenance provided during court proceedings.
  • The amount is given during the official split.

How is Alimony calculated in India?

The Supreme Court in one of its most important decisions upheld the maintenance paid by the wife to his married wife, saying that 25% of the husband’s gross income would be “fair and equitable” as alimony. However, the hard and fast rule for calculating alimony is not defined under any Indian law, nor is it possible as it depends on the facts and circumstances of each case.

In India, mother-to-child care is governed in accordance with the personal rules of divorce and under the terms of the Official Marriage Act. An overview of how alimony is calculated under various Indian laws is given below:

Alimony under the Hindu Law

Under Hindu law, family provision is subject to the Hindu Marriage Act, 1955 and the Hindu Adoption and Maintenance Act, 1986. According to Hindu Marriage Law, a spouse can apply to a court in a jurisdiction to decide their case and the court may order that the husband or wife pay the applicant, maintenance based on the following points:

  • party income earned by the state beneficiary.
  • party property acquired by an organist.
  • Revenue and other properties of the applicant.
  • Group morals and other cases of guilt.

Under the Hindu Adoption and Maintenance Act, a Hindu woman has the right to live separately from her husband without losing her claim of maintenance.

  • If the wife was abandoned by the husband without her consent and was deliberately abandoned.
  • If there has been abuse on the part of the husband that has caused the emotional distress in the wife’s mind that it is harmful or harmful to stay with her husband.
  • If the husband suffers from a form of leprosy.
  • If the husband has another assisted marriage.
  • If the husband is in love with another woman outside of marriage living in the same house as his wife or in a separate house with him.
  • If the husband has changed his religion from one Hindu to another.
  • If there is a good reason for her separation.

However, a wife claiming maintenance under Hindu Adoption and Maintenance may be denied alimony if she is not pure or converted to a different religion than Hindu. The wife in crisis can claim maintenance from her husband under the Code of Criminal Procedure and give her a temporary maintenance right.

Alimony under the Muslim Law

A Muslim woman can apply for maintenance either under the Islamic Law (Divorce Rights Protection), 1986 or under the Criminal Procedure Code. The Muslim Women (Protection of rights on Divorce) Act provides for the maintenance of Muslim women only after the divorce. The wife is entitled to claim maintenance from the husband to be made during the iddat period.

They are entitled to the following benefits under the Act after divorce: –

  • The fair and correct amount of repairs to be paid during iddat.
  • An amount equal to the mehr or dower agreed to be paid at the time of the marriage.
  • The title of all property is not given to her before or during the marriage or during her marriage by any of the relatives of the relative or family of the husband.
  • A woman under the Act is eligible for maintenance if: –
  • He is never married and cannot support himself after the iddat period.
  • Has children and is unable to support himself or herself and perform their duties.

The law also states that if there is no custody of a Muslim woman then the State Wakf board in the area where the woman lives will pay the maintenance amount as determined by the court.

Alimony for Christians in India

Christians in India are governed under the Indian Divorce Act, 1969. Similar to Islamic law, the Indian Divorce Act also does not recognize male custody. Under this law, if the divorce suit is filed by the husband or wife, the wife can apply for continuation of the costs of the proceedings and alimony at the time of the trial and the husband will be liable to pay the costs if the order is issued by this court. The law also states that the application must be issued within 60 days of the submission.

Thus, it is evident that no formula has been prescribed to calculate alimony under Indian laws. In most cases, the alimony is settled by the court on 1 / 3rd or 1 / 4th of the income of the spouse. It is also noteworthy that an order for a pre-made maintenance award may vary, be changed or canceled if the court is satisfied that there have been changes in the circumstances of the parties, such as the spouse’s marriage granted.

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