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29 Jul, 2024
By Online Legal India
Published On 27 Oct 2020
Updated On 06 Jan 2025
Category Divorce
Alimony is a legal obligation to provide financial support to a spouse after a divorce or separation. After the nullification of the marriage of a couple, the spouse who is economically weaker and cannot maintain the family without any monetary support will be allowed to get antimony by the order or the court. The financial position of both parties is observed by the court and then the decision has been made by the judge.
Alimony laws in India are governed by various statutes such as the Special Marriage Act of 1954, the Hindu Marriage Act of 1955, the Muslim Women (Protection of Rights on Divorce) Act, of 1986, and the Divorce Act, of 1869. These laws are implemented according to the religion or the specific act of marriage they have signed.
Alimony is referred to as financial spousal support which one of the spouses provides to the other after divorce or separation. The purpose of alimony is to provide a similar standard of living to what was promised during the marriage or after the marriage. The amount and duration of alimony depend on a variety of factors that include the present financial condition of the party, length of marriage, childbirth between them, the ability of both, and so on. Alimony declared by the court varies from the cases of separations.
After nullifying the marriage by law, alimony can be applied by the party that wants to get monetary support. However, during the closure of a case, the spouse can also demand it, and it is more formal than the former. Otherwise, if any party signs the papers with no alimony, it becomes critical to re-apply for alimony. Still, you have to keep in mind that alimony can be awarded in both contested and mutual consent divorce cases, though the conditions may differ slightly. Here are the different situations when alimony can be allied.
If a couple is judicially separated, and any of the parties of the couple is unable to maintain themselves, the alimony may be granted on application to the court. However, the decision of the court is always in priority.
The grant of alimony will be implemented only when the marriage has been nullified by the court's decree of divorce. On application of alimony, the court considers a wide variety of factors such as the financial standing of both parties, duration of marriage, and the needs of the spouse that requests the alimony.
The spouse can receive interim alimony or maintenance during the court cases that are going on. This is allowed during the legal battle so that the spouse does not suffer financially and can maintain themselves properly for the time being before the final judgment is provided.
Especially when one spouse is financially dependent on another, alimony can be allowed if they remain separated without divorce.
Who can claim alimony?
Alimony is intended to offer support to the spouse who is financially weaker and dependent on the other. However, eligibility depends on the legal framework that governs the specific marriage. Here are the categories of people who can get alimony from the marriage separation.
In the Indian society, most women do not work till the day. Traditionally, they receive alimony when she is not a working woman or financially dependent on the earnings of their husband. When the wife is a homemaker or rearing a child, and there is no financial support post-divorce can apply for alimony and the court may consider offering it.
While alimony is typically paid to the spouse, maintenance can also be awarded to the children. When a couple is in separation for devoicing or separated for divorce, the court may grant alimony to the children to upkeep them when the custodian guardian is not earning. The alimony is then granted for the kids or children to the custodian guardian.
According to the alimony laws in India, a husband can also get alimony from his wife if the family is dependent on the earnings of the wife. The court may grant the alimony from the wife if it is comparatively financially established. Besides, the husband may be physically or mentally ill or unemployed or financially unable to maintain a list himself while the wife is financially independent.
Usually, alimony has been offered to recently divorced couples. However, spouses who are already been devoiced, even for a long ago can also demand alimony for self-maintenance and maintaining a fair livelihood. Obviously, the applicant has to prove that they have no other way except to get support from the other party.
Depending on the various factors of grants of alimony, the Indian courts consider issuing it to the applicant. These factors help ensure that the issue of alimony is justified and reasonable. They never press it to any part of the couple. The following factors come into consideration during the court decree related to alimony.
The applicant for the alimony is in a critical financial condition. The court will consider the standard they used to maintain during or after marriage and the current financial or social standards. When the cost of basic needs and fulfilling them is in problem, and there is no sufficient income source the person can get the alimony from the other between the couple.
When the duration of marriage is long, and any of the spouses is not an earning member, the party can apply for alimony and may get the grant. In the case of shorter terms of marriage, alimony is not granted to many, except in special circumstances.
The age, physical conditions, or health of the spouses are always taken into consideration. If one of the couples is older, and the health condition is in question, the other party may require paying alimony.
The court will try to ensure that the standards of the spouse apply to the alimony during, before, or after marriage that they used to maintain and afford.
In some cases, the court may monitor the behavior and conduct of any of the spouses and if they discover that any of the parties is responsible for breaking the relationship of marriage, the court may offer alimony to the other party. Thus the court may take an alimony decision.
Types of Alimony in India
In terms of alimony, it can be of four basic criteria in India. They are:
1. Permanent Alimony
If the court considers that the spouse needs long-term monetary support for any reason, it may allow the spouse to receive permanent or long-term alimony. It might be a one-time settlement or a periodic payment for an indefinite period. This type of alimony is allowed to the divorced spouse who is unable to maintain the standard of living and there is less or no financial support behind them.
2. Interim or Temporary Alimony
This is a temporary arrangement of monetary support to the spouse who is not an earning member. During the continuation of the case or pendency of the divorce proceedings, the court may declare an interim or temporary alimony. The continuation of interim will continue till the final order comes out of the court or until the final alimony is declared.
3. Lump-Sum Alimony
Instead of monthly payment of alimony, some spouses agree to take or provide a one-time lump sum payment. This helps not getting wait for the money to be received each month on a particular day of the month. It is a burden and problem for both parties. The alimony-receiving or providing spouses need to agree with each other to get this alimony. Then, the judge declares the judgment according to the logical consideration.
4. Reimbursement of Expenses
Apart from regular alimony, courts may order reimbursement for expenses related to the spouse or children like the children’s educational cost, medical cost, and similar other costs as alimony.
Alimony laws are created in India based on different factors, religions, and individuals involved. Here are the different frameworks:
The Hindu Marriage Act is the primary law governing the marriage and divorce of Hindus, Buddhists, Jains, and Sikhs. Section 24 of the Hindu Marriage Act provides for the award of alimony during the pendency of divorce proceedings (interim maintenance) and Section 25 allows for permanent alimony and maintenance after divorce.
The Special Marriage Act governs the marriage between individuals of different religions or people who like to arrange a civil marriage. The Hindu Marriage Act may be applicable under this law, and allowing interim or permanent alimony to the spouse weaker economically and not self-depended.
According to this act, Muslim women are entitled to get maintenance after getting “TALAK” (divorce). The law enforces the husband to provide a mandatory payment (Mehr) and maintenance for the wife during the waiting or pendency period (iddat) and the wife may seek alimony after divorce if the maintenance of the spouse is mandatory according to the observation of the judges’ court.
This act applies to the Christians in India. Under section 36 of the Divorce Act 1869 of this act empowers the court to order alimony for the wife and her maintenance after divorce if she is not an earning member or cannot maintain herself without the support of anybody.
When can Alimony Be Rejected?
Alimony is a legal support for many in India. It supports a healthy lifestyle as well. Certain conditions may lead to rejection of the claim. Let’s learn some of them:
If it is found that the spouse appealing for alimony is found guilty of adultery or some criminal behavior, and leaving the spouse without his/her proper justification and only for the personal interest, the alimony will not be offered to the spouse.
If the spouse who requested alimony appears for remarriage, the alimony request will be rejected, and if she/he is getting it will also be canceled by the order of the court.
If the spouse who has requested alimony is found financially independent or has sufficient income from any source, the court may deny the claim.
Conclusion
Alimony is a financial support that is legally approved in India for spouses who cannot maintain a healthy livelihood. However, the laws of alimony are critical and the requesting spouse has to go under complex legal procedures, and the law governing the marriage. It also depends on the financial capabilities of the spouse to whom it is demanded. Besides, the length of marriage, conduct with the spouse, and many other crucial factors come under consideration during the selection of the amount to be paid to the spouse claiming it. If anybody requires legal support regarding alimony claiming or related complications, you can consult with Online Legal India. You will be consulted rightly according to the Alimony rules in India.
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