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Alimony Laws in India

Online Legal India LogoBy Online Legal India Published On 27 Oct 2020 Updated On 18 Oct 2022 Category Legal

We know marriage represents a sacred bond established between two adults, but often we observe young couples seeking a divorce. 'Alimony' in divorce is the most important to deal with, as the particular concept is grounded/rooted with the claim to the financial support post-divorce. 

Since the rate of divorce is rapidly increasing all over the world, people are becoming aware of the various details related to divorce laws. With the spreading of education, alimony has contributed its applicability in divorce cases of both the gender.

What is Alimony?

'Alimony' is a financial aid provided to a spouse after a divorce. In general, when provided if a spouse does not have adequate means to take care of the basic needs of life. Under Section 25 of the Hindu Act, alimony is being provided by the order of the court to the wife or the husband for his or her financial support and maintenance

Types of Alimony and Maintenance

Alimony and maintenance are classified into:

  • Interim Alimony and Maintenance.
  • Permanent Alimony and Maintenance.

Interim Maintenance

Interim maintenance is a provision where a husband is obligated to meet the maintenance costs of the wife during the course of the court proceedings.

In addition to it, the husband is also required to compensate the cost of court proceedings which is incurred by the wife.

Permanent Maintenance

Permanent Maintenance is a provision takes effect post-dissolution of marriage or judicial separation, where the husband would be required to remit any amount fixed by the court. The time-frame of payment can either be made periodically or on a lump-sum basis.

In most cases, the court would require the respondent to make a periodical payment. Lump-sum payments are awarded in cases of mutual party-divorces or when the plaintiff explicitly makes a plea for it. These payments would cease upon the death of either of the spouses or on a date determined by the judge.

Factors that determine an Alimony

1.The amount depends upon how long the marriage existed.

2.Age of the spouse is also taken into consideration.

3. Alimony to equalize the economic condition of both spouses.

4. Social status and lifestyle of both parties.

5. Age and health condition of both parties.

6. Expenses for education and upbringing of the child/children(if any)

What is 'Alimony' and how it is different from 'Maintenance'?

When the litigation of divorce is underway in the court, the money given from one party to another is known as 'maintenance' post-divorce money paid is known as 'Alimony'.

Can working wives claim 'Maintenance'?

Yes, working wives too can claim for maintenance. According to the court's discretion, even if the wife is employed, she is entitled to the same status and standard of living while she used to enjoy at her matrimonial home.

Let us look at the reasons to claim for 'Maintenance':

i). If her income is insufficient.

ii). Financial burden increases after the separation.

iii). If the child is in the custody of the wife.

On what grounds can the application for maintenance be rejected?

  1. If the husband can prove that he is not working enough to support financially.
  2.  If the wife has made vague statements regarding the income of both the parties.

How can Online Legal India™ help you?

Our legal concierge will adequately provide you with the aid of resolving any legal issue. One can take active services in issuing and Legal Notice or issuing and Legal Notice for Divorce with facts proves and statements. Our learned legal advocate team will help you draft one legal notice and send across to the accused party.

Already gratified with 1,20,000+ satisfied complainants from every nook and corner of the country, as we work until your contentment. From gathering the necessary pieces of evidence to write up the application letter and filing the notice. 

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