File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

All You Need To Know About Divorce Alimony

Marriage in Hindu society is more than a simple ritual, it's sacramental in nature. Since it's considered sacramental in Vedic times marriage is considered more religious, hence there was no concept of divorce or dissolution of marriage with the advent of time there was a lot of change in the structure of Indian society of marriage dissolution and the concept of divorce became part of Hindu family and Hindu Marriage Act, 1955.

What is a divorce?

Divorce is the golden key to the legal cage of marriage. The term divorce has not been statutorily defined. The term "divorce" comes from the Latin word disodium which means to turn aside, or to separate. It is the legal cessation of the matrimonial bonds. Thus divorce can be considered a means for breaking down of marriage which happens between the individuals or between the two families.

What is a divorce alimony?

When a wife is forced to live away from the family home, her husband must pay her alimony. It might be offered in the short term while the spouses' marital case is still pending. The court has the option to decide how much should be paid to the wife. Alimony was made permanent once the court ordered a separation and lasted throughout the separation.

Reading Section 24 it becomes clear that the section empowers the court to grant two specific reliefs to the petitioners. They are:
  • Expenses of the proceedings in respect of which the relief is sought.
  • Monthly maintenance allowances during the proceedings.

Maintenance is ordinarily granted under section 24 from the date of application. However, if during the pendency of the proceeding demand for maintenance is needed the court may grant it.

Section 24 does not talk about the grant of maintenance of children on a temporary basis, but as it was held in a leading case of Jasbir Kaur Sehgal that the section cannot be given the restricted meaning, a wife maintaining a daughter can claim for the maintenance from her husband. A major son is not entitled to maintenance under this section but the daughter can demand for it.

Section 24 deals with alimony or maintenance on a temporary basis while Section 25 deals with permanent alimony. The formal may be ordered to be paid before the final disposal while the latter is ordered after the passing of decree sought.

Eligibility for asking the Alimony

Women are often entitled to alimony rights in the majority of cases. The existence of a partner who is financially stronger than the other has historically determined who is entitled to alimony. The more powerful partner must make up for all the lost comfort for the less powerful partner. But, a recent court judgement mandated that the working woman also be eligible for alimony. It was founded on the idea that the woman should be given more respect and that the husband has a responsibility to support her. In addition, a spouse who lacks a job was mandated to support a wife who has a steady salary.

If a spouse suffers from a persistent condition that prevents him from earning a living, he may make a maintenance claim against his wife. Also, the court may order the woman to pay the husband in such a scenario, taking into account both the husband and wife's income and as may seem reasonable, if it appears that the husband is not financially independent to pay for the expenses of the court proceedings.

How the Alimony is calculated in India?

The amount of alimony that the husband must pay to his wife is not determined by any set formula or rigid guideline. Alimony may be paid periodically, such as monthly, or it may be paid all at once in the form of a lump sum.

The benchmark amount that should be given to the woman if the alimony is paid on a monthly basis is 25% of the husband's net monthly wage, according to the Supreme Court of India. There is no defined standard for one-time settlement amounts, although often they fall between one fifth and one third of the husband's net wealth.

What are the grounds for divorce alimony
Under the Hindu Marriage Act, 1955 the wife is entitled to grant the alimony on the following grounds:
  • If her husband leaves her without a good reason or with her permission.
  • If her husband is abusive to her.
  • Whether the spouse has a second wife.
  • If the husband has leprosy that is particularly severe.
  • If the spouse lives with a concubine.
  • If the husband underwent a religious conversion.
  • If the wife is living alone for another reason.

Types of Divorce Alimony In India

The rule of alimony vary from country to country.

In India the alimony can be classified as:
Recurring Divorce Alimony
The alimony which is paid by the one party to another party at a regular interval of time is referred as the recurring divorce alimony. In this type the alimony can be paid on weekly, monthly, quarterly basis.

Permanent Alimony
This type of alimony is paid when one of the spouse is unemployed or not working. This type of alimony paid eternally by one partner to another. It can only be discontinued only when the partner dies, remarries, or settle with another person.

Reimbursement of Divorce Alimony in India
The major goal of this alimony is to reimburse the partner for the money he spent on the spouse's education or training. The court may order one party to pay back the costs incurred by the spouse that raised the partner's income. The circumstances of the case will determine how much alimony will be paid. It can be the same as or less than what the partner spent.

Modification and termination of Alimony
In India, alimony payments can be modified or terminated based on certain grounds changing financial circumstances of either the paying spouse or the receiving spouse, the receiving spouse remarrying, or the receiving spouse cohabiting.

Alimony laws in India
Alimony is a type of financial support that one person receives from another, typically in exchange for paying the bills of their ex-spouse and possibly their children as well. The Hindu Marriage Act, 1955 (HMA), which specifies the conditions under which alimony may be given and the situations under which it may be discontinued, governs the law governing alimony in India.

According to the Hindu Marriage Act, a person who has been living apart from their partner for at least two years may request alimony from them if they are financially independent and do not have any children living with them. They are not financially reliant on them.

Before an award of Rules of Alimony In India may be made, further conditions must be satisfied in addition to these:
  • The court must be persuaded that there is a reasonable chance that each party will be able to support themselves without the other party's help;
  • There is no reasonable chance of a reconciliation between the parties;
  • Other options have been considered; and
  • That making such an award would not place an unreasonable burden on either party.

Is there any difference between alimony and Maintenance?
NO is the response. The legal requirement on a partner to provide financial assistance to their spouse following a divorce is known as alimony, spousal support, or maintenance. Several nations have different names for these concepts. For instance, it is referred to as "alimony" in India, "ailment" in Scotland, "maintenance" in nations like England, Ireland, and Canada, and "spousal support" in the US.

Is it necessary to pay alimony
Alimony, commonly referred to as maintenance, is not always required from one spouse to the other. Divorce alimony is typically awarded when one spouse cannot maintain themselves financially without assistance from the other. This alimony may be either ad hoc or ongoing.

When the spouse receiving alimony is still in their early twenty's and needs some time to begin earning well on their own, it is just temporary. If the partner is not experiencing the same pleasure and comfort during their marriage, or if the spouse has no chance of becoming financially secure due to their age or infirmity, it may be permanent.

The partner who is requesting alimony will be requested to make the payment if they were not the financial provider and relied entirely or partially on their spouse. Depending on the court hearing the case, different amounts and lengths of alimony are suitable.

In the case of Chandamma v. Muktabai, 2008 it was held that in case of a bigamous marriage neither spouse is entitled to maintenance from the other or the estate of the other.

Quantum of alimony based on the divorce alimony rules
The amount of alimony that must be paid can vary. the following is the quantum:
The Indian divorce alimony laws have no provisions regarding the payment of an amount as alimony only once. The court may nevertheless award a fifth or a third of the husband's or wife's net wealth.

The Supreme legal of India advises the husband or wife to give the other 25% of their monthly income to cover legal costs and support themselves. To determine the real amount that must be paid in alimony, there is no calculator available.

The court may refuse to give the wife support if she works and earns a solid living. However, she is also qualified for the support payments if her income is significantly lower than her husband's and she would find it difficult to maintain her standard of living during the divorce or subsequently.

Landmark Judgement Related to the grant of the Alimony
In the case of Smt.Chand Dhawan vs. Jawaharlal Dhawan, 1993 the Supreme Court ruled that it is difficult to support the argument that if a claim is otherwise valid, choosing one forum over another should not matter when it is covered differently by two different acts and agitable in the courts created under those statutes. As some of the High Courts have argued, these are not merely procedural technicalities or errors.

These are issues that are fundamental to the jurisdiction. The matrimonial court, a court with particular jurisdiction, is not intended to rule on a maintenance claim without first exercising its authority to issue a decree, which means that until it does so, it would have an impact or cause disruption.

The marital court does make an appealable degree in accordance with section 28 by dismissing a claim, but the marriage is not impacted or disrupted. It is clear that it does not constitute a decree under section 25 because nothing in the decision has been done to cause the marriage to be disrupted or to bestow or revoke any legal status. Like a surgeon, the matrimonial court will take over the patient's post-operative care if it is operating; otherwise, the doctor will take care of the patient.

In the Dilpreet Kaur vs. Gian Chand (P&H HC), the wife was receiving support under Section 125 of the Criminal Procedure Code and has now received relief under Section 24 of the Hindu Marriage Act, 1955. The Court ruled that any sum awarded to the wife during one of the cases must be offset against any sum given to her during the other action.

In the case of Rajesh Jaiswal vs. Smt. Mamta Jaiswal (M.P HC) it had been held that no upkeep required for capable and productive woman. Everyone must work in order to maintain themselves, or at the very least, must make honest attempts in that regard. If this standard is not followed and this mentality is not adopted, there will be a growing trend among these litigants to drag out their disputes and to use the fact that their opponent is a spouse who was previously close to them but is now far away as a result of the litigation.

If that were allowed, there wouldn't be any serious attempts at amicable settlements because the uncooperative spouse would be more than delighted to battle and thwart them. This is not the intention and purpose of section 24 of the Hindu Marriage Act.

In the case of S.S.Bindra v. Tarvinder Kaur AIR 2004 , the Court of Delhi concluded that the court does not need to calculate the arrears of maintenance, since it has been ordered that 60% should be paid by the Husband as maintenance to the wife. The exercise of calculation of maintenance should be done by the Trial Court.

If the Petitioner i.e. husband is in arrears of maintenance the divorce proceedings would not proceed, and may eventually be adjourned sine die or be dismissed as the case may be. This exercise could then be undertaken by the Executing Court. The Petition was said to be devoid of merit and therefore it was dismissed.

In the case of Kusum Sharma vs Mahinder Kumar Sharma 2020, brought changes in the matrimonial law procedural. In this case the Supreme Court of India said that Maintenance is the amount that has to be paid to dependent wife, children, or parents to maintain themselves. However, the task of formulation of a standard income affidavit draft was a tedious one, the court for this venture relied on many factors and on 14th of January 2015 passed the direction of filing the affidavit of assets, income and expenditure at the very threshold of matrimonial dispute.

The Court considered it appropriate to incorporate the important features of Bhandari Engineering II in the format of the affidavits of assets, income and expenditure in this case and on meticulous consideration the Hon'ble court the finding of the Bandari Engineering II modified Kusum Sharma I, II & III. The modifications were considered important since they will serve purpose and unnecessary changes.

It gives me great pleasure and satisfaction to be an Indian that Hindu society is changing and that Indians are accepting this shift in the dynamic society. Before, the idea of divorce was not recognised, and it was believed that a girl would eventually have to compromise and change. As a result, the idea of divorce and therefore the appropriate provision in accordance with the requirements of the dynamic society, were also developed.

Our culture has a significant impact on our laws, which is seen in the fact that a step like divorce is only done as a last choice. There are still certain gaps in the current statute, but these would be eliminated with the development of our judicial review.

Can a working woman ask for alimony in India?
Certainly, spouses who are employed are eligible for maintenance. The wife is entitled to the same status and standard of living as she had in her matrimonial home, according to the courts, even if she is employed.

How much alimony should be paid in case of divorce by mutual consent?
The Supreme Court of India established a benchmark value of 25% of the husband's net monthly earnings to be awarded to the wife if alimony is paid on a monthly basis. The amount of the one-time payment is not set in stone, although it often ranges from one-fifth to one-third of the husband's net worth.

How long must you be wedding before receiving alimony?
Everlasting alimony is available in cases where the marriage lasted longer than ten years. The husband's age is considered as well while assessing alimony.

What Kind of Order does there Under Section 24 of the Hindu Marriage Act, 1955?
There will be an interlocutory order under Section 24 of the Hindu Marriage Act, 1955 and no appeal lies against it.

Is the Alimony in India is taxable?
If alimony is paid as a one-time lump sum in cash in India, it is not subject to taxation. However, it becomes taxable income if it is received each month. Additionally, the spouse who pays the alimony cannot deduct this money from taxes in any way.


Law Article in India

Ask A Lawyers

You May Like

Legal Question & Answers

Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


How To File For Mutual Divorce In Delhi


How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Increased Age For Girls Marriage


It is hoped that the Prohibition of Child Marriage (Amendment) Bill, 2021, which intends to inc...

Facade of Social Media


One may very easily get absorbed in the lives of others as one scrolls through a Facebook news ...

Section 482 CrPc - Quashing Of FIR: Guid...


The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of t...

The Uniform Civil Code (UCC) in India: A...


The Uniform Civil Code (UCC) is a concept that proposes the unification of personal laws across...

Role Of Artificial Intelligence In Legal...


Artificial intelligence (AI) is revolutionizing various sectors of the economy, and the legal i...

Lawyers Registration
Lawyers Membership - Get Clients Online

File caveat In Supreme Court Instantly