Understand Alimony Laws In India

By Author: Adv. Sapna Malik
Total Articles: 8
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Alimony is the financial support that one spouse provides to another after t divorce. Alimony is mainly provided when a spouse is incapable of taking care of his/her basic needs. As per Alimony laws in India, any spouse can provide alimony to another spouse, irrespective of their gender. But in most cases, it is awarded by a husband to wife in most cases.

There are mainly two types of alimony in India:

1. The interim maintenance amount that is awarded during the tenure of court proceedings is on.
2. The final amount is awarded at the time of legal separation.

Under section 25 of the Hindu Marriage Act, it is stated that permanent alimony should be provided to the wife or husband for his or her support and sustenance. But if the wife works and her income is much lower than her husband's, she will still get help to maintain the same standard of living that her husband provided.

If the wife does not work, the amount of money will be determined based on her age, educational credentials, and future ability to work or earn. If the wife is earning and the husband is disabled or unable to work, the ...
... court will award alimony to the husband.

How the Amount of Alimony is Decided by Court

There is no hard and fast rule to determine the amount of alimony that needs to be paid by either spouse to the other one. The amount of alimony can be given as a regular payment, like once a month, or as a lump sum, which is a one-time payment.

The Supreme Court of India has decided that if alimony is paid monthly, the husband must give the wife 25% of his net monthly salary. If alimony is paid in a lump sum, it usually ranges from one-fifth to one-third of the husband's total worth.

The court also takes the following factors into consideration while deciding the alimony amount:

● Living standard and social status of a couple.
● Income of both spouses and other assets or properties
● Number of dependents and liability of both spouses
● Education and other expenses of children
● current age and health of both spouses
● The number of years the couple stayed together
● The character of both parties

After considering all factors, the court grants alimony to one party.

Divorced via Mutual Concern

When a couple mutually decides to divorce, they mutually agree on terms of alimony or maintenance. This amount of alimony or sustenance is granted to the wife by the husband or by the wife to the husband. It is completely subject to the agreement between the couple. Under the divorce maintenance regulations, the court issues directives to the couple based on their joint agreement. The couple is then legally obligated to comply with it.

Conclusion

Not every marriage is destined to work. Although divorce is painful for both parties, it allows a couple to live their future lives on their own terms.

If you are also going through a rough phase of marriage, it is highly advisable to consult advocate Sapna Malik to discuss the further course of action. Mrs. Sapna Malik is a renowned top divorce lawyer in Gurgaon, who has settled many difficult divorce and alimony cases of NCR.