As painful and stressful as it is to go through a divorce, it is as much important to know the rights that revolve round such an unwanted situation. Particularly in the modern times, when divorces are becoming so common, you need to know about the alimony terms and conditions irrespective of if you are a husband or a wife.
Alimony is derived from the latin word ‘alimonia’ meaning sustenance. India is a land of different religions and hence they also have their own religious customs, traditions and scriptures. The majority population in India being the Hindus, here we shall talk about the Hindu divorce law around alimony. As per the Hindu marriage act of 1955, both husband and wife are eligible to get permanent alimony but if the marriage has been undertaken as per Special Marriage act of 1954, only the wife is eligible to get a maintenance or alimony.
The alimony can be decided by the couple in case where divorce happens under mutual consent. While in case of contesting matters the court takes centre stage and works out the alimony or maintenance. There is no limitation of getting an alimony only if decree is obtained. Even if decree is not obtained by the wife, the court can order the husband to pay the wife an alimony. Though, there is a possibility of no alimony or maintenance as well depending upon the circumstances.
The points that the courts takes into consideration while granting alimony includes the income, assets as well as lifestyle of the husband. Income and financial status take the front seat while taking a decision on the amount of maintenance to be given. Here are some of the factors that lead the way to the decision of the alimony.
The first and foremost point is to check whether the claims of alimony are reasonable enough. The claims that are not reasonable enough cannot be considered by the court. When the wife is taking care of the child, the requirements of the child are also considered and so is the financial condition of the husband and even the duration of the marriage.
Even the financial condition of the wife is taken into account and if the wife is working and earning well then besides his income even her income is considered while deciding on the maintenance.
Further, if the wife remarries, the husband does not have to pay any further alimony to the wife, though he would have to pay for the children staying with the wife. Also, if the future for some reasons the husband is not able to pay the wife, while the wife is doing well financially, the husband can put a petition to the court to ask for changed circumstances. Even if the husband gets rich and his financial condition improves drastically, the wife can file a plea to the court for revision of the alimony.
K.L.E. Society’s Law College Bangalore is ranked as the 4th Best Law College in the Southern Region 2016 and 12th Best Law College in India by ‘India Today and Nielsen annual Survey of 2017
*Source from the internet