Divorce will be a bitter war if things do not get settled mutually. It will not only result in the breakdown of marriage but would bring along with it other insecurities, including financial risks. The terms such as alimony or maintenance are heard by many however, the exact legal reference is understood by a few.
Alimony in general could be understood as the amount of money payable to a person’s husband or wife after their divorce. There is another term ‘maintenance’ denoting the amount payable for basic expenses of any person. Maintenance can be paid to the spouse before finalising their divorce as well if the other spouse is totally dependent financially for life support.
Alimony in India
In India, the rules related to marriage and divorce are dealt with through personal/ religious laws. A provision for permanent alimony and maintenance for Hindu couples has been made under section 25 of the Hindu Marriage Act, 1955.
The provision does not differentiate between the husband or wife as receiver of alimony. It solely mentions the payment of maintenance by one spouse to another. Hence, in case the question ‘Can a man get alimony in India?’ popped in your mind, the answer would be a yes!!
On the other hand, provided under Section 36 and 37 of the Special Marriage Act, 1954 provide for the rules regarding alimony and maintenance. The provision particularly provides rights to the wife who may through application plead the court for ordering her husband to pay maintenance sufficient for her support and necessary expenses of the proceeding. This may make the concept of alimony rules a bit women centric.
How to calculate Alimony ?
The amount of alimony to be paid to the spouse would depend upon the financial status and ability to pay as well. For payment of alimony on a monthly basis, the hon’ble Supreme Court has laid the 25% salary benchmark generally. It means that a husband could be liable to pay 25% of his monthly salary as alimony towards his wife after divorce.
However, if it is to be counted as lump sum alimony in India, it will be computed based on the spouse's net worth and the spouse who is requesting alimony's level of living. For better understanding of alimony after divorce one may contact experienced Divorce lawyers in Bangalore or Divorce lawyers in Chennai or the city you reside in.
In case the wife filed for divorce, can she get alimony from husband?
The law does not restrict women from getting alimony from their husbands even if they initiate divorce specifically. The decision of granting the alimony and its amount would totally depend upon the facts and circumstances in each case.
Conclusion
It could be summarised that the concept of alimony depends upon case to case and would not be affected if the party applying for alimony has initiated the divorce. For further information on the subject, you may seek legal guidance from experienced Divorce lawyers in Hyderabad .
Lead India offers you a team of experienced advocates who have been successfully dealing with cases related to divorce, maintenance, child custody, etc. Hence, if you wish to talk to a lawyer or seek free legal advice online, you may contact us.
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