Online Legal Advice from Insaaf99® Online Lawyer Consultation in India
Online Legal Advice from Insaaf99® Online Lawyer Consultation in India
Alimony, or spousal support, refers to money that is given by one spouse to the other after they split up or divorce. The financial support provided as alimony aims to help the spouse with less money keep a decent lifestyle after the marriage dissolves. The alimony should not be misunderstood for child support, which goes toward raising kids as it is completely different and meant for the spousal support.
India is a culturally rich and diverse country where people of different faiths live together and India’s different religious and marriage laws control alimony. There are various deciding factors for alimony and the honorable court decides on alimony payments by looking at things like how much money each person has, how long they were married, and their education and ability to earn. In this article we will explore the legal side of alimony in India, who can get it, its types, and the problems that come with it.
The concept of alimony aims to provide a decent lifestyle to the dependent spouse post their divorce. It helps the spouse who needs financial assistance to stay afloat and keep their life on track.
Types of Alimony
Temporary Alimony: Temporary alimony is the financial support that is given to the dependent spouse while the divorce is happening. It keeps them going until the final call on the case is made.
Permanent Alimony: Also known as the long term alimony is the money given after the divorce. This type of alimony is based on how much money would be necessary for the person for a decent life.
Lump-Sum Alimony: As the name suggests in this type of alimony, all the money is paid at once, not bit by bit over time.
Rehabilitative Alimony: This money helps for a set time. It's to get the spouse who needs it back on their feet and able to support themselves.
Compensatory Alimony: This goes to a spouse who gave up their job or schooling for the marriage.
Alimony
Definition: Money the ex-spouse gives to the other after they split up or separation.
Nature: Paid as one big sum or regular installments when a marriage ends.
Purpose: To help the spouse who needs it stay stable after divorce.
Duration: May last for a short time, until the receiver gets back on their feet, or forever, based on the situation.
Governed by: Given out under different personal laws tied to religion
Maintenance
Definition: A wider idea that covers many types of financial help.
Scope: Includes support during marriage when couples live apart, and after divorce.
Coverage: Helps pay for everyday costs, doctor bills, and sometimes even kids' expenses.
Applicability: Someone can ask for it without filing for divorce.
Governed by: Mainly given out under CrPC Section 125, which applies to everyone, no matter their religion.
Also Read:- How to Apply for a Marriage Certificate Online in India
Hindu Personal Law Marriage Act, 1955: The section 25 of Hindu Marriage Act allows for permanent maintenance and alimony, however, the decision takes into consideration income, property, and both parties' conduct. This act is also applicable to Buddhists, Hindus, Jains, and Sikhs.
Other Religious Personal Laws: Other religions follow the Special Marriage Act of 1954 the section 37 of this act regulates interfaith marriage alimony which offers both durable and temporary assistance.
The Muslim Women (Protection of Rights on Divorce) Act, 1986: Establishes maintenance rights for divorced Muslim women and encompasses provision for "reasonable and fair" maintenance during iddat period Supreme Court decisions have stretched interpretation to cover long-term care
Indian Divorce Act, 1869
Sections 36-38 Deal with Christian Marriage Maintenance: Makes provision for permanent alimony and alimony pendente lite.
Parsi Marriage and Divorce Act, 1936 Sections 39-40: regulate Parsi spouse maintenance provisions and allows for permanent and temporary alimony.
• Applies to all citizens regardless of religion
• Provides maintenance rights to wives, children, and parents
• Serves as a crucial remedy against destitution and vagrancy
• Maximum monthly maintenance amount varies by jurisdiction
| Aspect | Alimony | Maintenance |
| Timing | Generally post-divorce | During marriage, separation, or after divorce |
| Legal Basis | Personal laws based on religion | Both personal laws and CrPC Section 125 |
| Purpose | Long-term financial support | Immediate and ongoing subsistence needs |
| Procedure | Civil proceedings | Both civil and criminal proceedings (under CrPC) |
| Modification | Generally more difficult to modify | Can be modified based on changing circumstances |
| Tax Implications | May have different tax treatment | Subject to specific tax provisions |
| Enforcement | Civil remedies | Civil and criminal remedies under CrPC |
Factors Considered in Determining Alimony and Maintenance
• Income and financial resources of both spouses
• Duration of marriage
• Age and health condition of the parties
• Standard of living during the marriage
• Responsibilities toward children
• Contributions to the marriage (financial and non-financial)
• Professional qualifications and employability
• Property and assets owned individually or jointly
• Conduct of the parties during marriage
• Any other relevant factors deemed appropriate by the court
Role of Mediation in Alimony Settlements: Since alimony cases are family matters, mediation and settlement plays a huge role in it, it saves time and is also encouraged by courts.
• To negotiate a fair alimony amount without court intervention mediation is best.
• By adopting the mediation route one can easily reduce lengthy legal battles and emotional stress.
• Courts often encourage mediation before proceeding with litigation.
Here are the simple steps that you can follow to file for alimony in India.
• You need to submit an application in the family court along with divorce proceedings.
• Present finance related documents like bank statements, tax returns, and marriage records.
• The honorable court will review the presented documents and decide the alimony amount based on merit.
• Consider mediation to reach an amicable settlement outside court.
There are some key considerations by the honorable court with respect to divorce that play a key role in deciding Alimony amount.
Mutual Divorce: When the divorce is mutual often the amount of alimony is pre-decided during settlement.
Contested Divorce: When the divorce is contested, the court takes in the consideration of alimony based on the financial situation of both the spouses and case details.
Alimony in Cases of Adultery or Cruelty: Alimony can be denied to the spouse if found guilty of adultery or cruelty.
Impact of Remarriage: If the recipient spouse remarries, alimony may be reduced or stopped.
Kusum Sharma v. Mahinder Kumar Sharma (2015): In this case guidelines were laid down for deciding alimony amounts.
Shah Bano Case (1985): The famous Shah Bano case recognized the importance of maintenance rights of divorced Muslim women.
Rajnesh v. Neha (2020): This case established uniform criteria for granting maintenance.
Kalyan Dey Chowdhury v. Rita Dey Chowdhury (2017): In this case the honorable court defined alimony limits based on salary percentage.
United States: In the United States, duration of marriage and difference between the income of spouses are some of the key considerations.
United Kingdom: In the UK the court takes an approach which is based more on necessity, it considers what is required to stay afloat for a dependent spouse.
Canada: In Canada a more analytical approach which is based on a formulated method is utilized.
India: Due to its diverse and multicultural population in India the alimony is largely discretionary, with variations based on religion.
Alimony can be reduced if the recipient remarries.
Courts may modify alimony based on significant financial changes.
Reduction may be granted if the recipient secures employment.
The paying spouse can request a revision due to financial hardships.
For the Payer: Whether paid lump sum or in small installment it is considered as an obligation hence not tax deductible.
For the Recipient: For the spouse receiving alimony the lump sum alimony is non-taxable, while periodic payments may be taxable under “Income from Other Sources.
Tax treatment differs based on settlement terms (cash payments vs. property transfers).
Also Read:- Section 13 of Hindu Marriage Act
There have been concerns raised regarding gender neutrality in alimony cases.
Courts are now seeing alimony as the way of achieving financial stability over lifetime support.
Growing importance of prenuptial agreements in determining alimony settlements.
Q1: Is it compulsory to give alimony in India?
Ans: Giving alimony is not mandatory in India, the decision on Alimony is taken by court after assessing the situation of both spouses, though court makes a decision, mutual agreement is encouraged.
Q2: Does the wife get 50% of the husband's property after divorce?
Ans: It is not mandatory that the wife will get 50% of the property after divorce the decision is taken by court after considering factors like, income of the spouses, years of marriage together, in case of children who will be guardian parents taking care of them. The decision is taken by mutual agreement or by court’s intervention.
The concept of alimony is very crucial as it aims to support the dependent spouse post their separation. It plays an important role in the life of a dependent spouse by providing much needed financial support after the divorce. The law related to alimony is still evolving to bring more fairness in the judgment related to such cases. Strengthening enforcement mechanisms and streamlining legal proceedings can make the system more effective and equitable.
