What is the Concept of Alimony In India?

 Alimony is the husband’s or wife’s right for maintenance after divorce. In India, personal laws under the provision of the Special Marriage Act governs alimony. Let’s find out more.


Alimony means an obligatory maintenance amount, decided by the court which gets to be paid by one spouse to another after or during the divorce proceedings. 


Usually, it gets provided where the spouse is unable to maintain themselves. In most cases, the husband supports the wife, but there are some cases in which the court might ask the wife to support the husband. 


In case of a contested divorce, the alimony, its amount, and its term depend upon the length of the marriage. For example, divorce after a decade of marriage empowers the spouse with life-long support. 





Types of alimony/ maintenance


Both terms—alimony and maintenance are used synonymously. But it is crucial to keep in mind that the term maintenance gets used before the divorce proceedings end, whereas both terms can get used interchangeably after the divorce. 


Alimony or maintenance confers a duty on the partner in a better economic place to support the dependent partner. One must remember that alimony laws in India are different from child maintenance, and both can be ordered separately by the court.

Two types of maintenance/alimony

  1. Interim Maintenance


It refers to the maintenance amount that the dependent party gets paid during the continuation of the legal suit, including the expenses of the legal proceedings. 


That amount has to be paid from the date of filing till the continuing of the suit and the passing of the court's final verdict. 



  1. Permanent Maintenance


Every religion contains a provision for permanent alimony or maintenance. After passing the final verdict, the court might direct the husband/wife to make lump-sum periodic payments to the dependent spouse. 


Generally, the spouse gets directed to make periodic payments (weekly, monthly, or yearly). Only, in occasional cases like a mutual consent divorce, the spouse gets asked to make a lump sum payment.

Alimony as per secular Laws in India


Secular laws are independent of any religion; for instance, they have no connection with any religion. Secular laws dealing with alimony include: 

Special Marriage Act, 1954


This act deals with inter-faith marriages. Under this act, a wife can claim either a lump sum maintenance or periodic instalments in a registered marriage. The payment is decided based on the income of both the spouses, property of the husband, including immovable property, and other reasonable circumstances.

Section of CRPC


It is a secular law applicable to individuals of all faith. The basis of this law is to provide instant relief. Under this provision, the two main conditions are that the husband must have sufficient means, and the wife must not have any available means to maintain her lifestyle.


Can a husband claim alimony for his life?


In some cases, the court directed the wives to pay maintenance. If the husband gets disabled, unwell, or unable to maintain himself, the husband can claim permanent and interim maintenance from his wife according to Section 24 and 25 of the Hindu Marriage Act,1955, in case of lack of basic facilities.


The Parsi law also contains a provision under which a husband can claim maintenance. But the court directed the wives to pay maintenance only in cases where it is turned out to be a necessity as it didn't wish to encourage the state of idleness among the husbands.


Essential conditions considered in Alimony


The court considers a range of factors while deciding the amount and liability of alimony. These factors include –: 


  • The economic condition of both the spouses

  • Age of both the spouses

  • Needs of the spouse claiming alimony

  • Number of children to be supported

  • The income and assets owned by both the spouses individually 

  • Lifestyle/status that the spouse claiming alimony used to enjoy in her matrimonial home

  • Need for necessities like food, shelter, clothing, etc.

  • Medical requirements of the claimant

  • Liabilities of the claimant

  • Educational needs of the children

  • Number of persons to be supported by the claimant and the other spouse

  • Other factors which the court deems necessary. 


The court had ordered the maintenance even in the cases where the woman was earning if there was a gap in the spouses’ living standards.  


The court evaluating the above factors, decides the amount of maintenance. The alimony amount is selected based on the agreement between both parties in the lawsuits of mutual consent divorce. Rather than finding a solution for alimony, it is better to know how to avoid alimony in India.


Conclusion


A divorce is one of the most painful occurrences for any married couple. In complementary to this, it can also be a long-winded and costly affair in India if divorce gets contested. 


Even couples who mutually agree to the divorce must show before the court that they have been separated for a year for the court to consider their plea. 


When two people are married, they must support each other, and it does not always end with a divorce. Under the Code of Criminal Procedure, 1973, the right of alimony in India extends to any people dependent upon the marriage economically. This will, therefore, include either spouse, dependent children, and even poor parents.

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