Who Pays alimony after divorce in India?

LAWTENDO
LAWTENDO
Sep 6, 2018 · 2 min read

Divorce proceedings do not work single-handedly, it comes with deciding factors like child custody, property disputes, maintenance etc. among all these the biggest issue to settle on is the amount of alimony. Alimony is the amount which either of the spouses provides another after divorce or separation, it is often been termed as maintenance.

In India the provisions governing the law of maintenance is given under the special marriage act, 1954 and personal laws of Hindus, Muslims etc. India has provisional laws which provides for alimony for both husband and wife.

Maintenance can either be provided on lump sum basis one time or periodical payments as decided by the judge or mutual content. In terms of periodical payments, it can extend up to a specific date in future mentioned by the judge, separated/divorced spouse remarries, either one dies or with respect to children they are major to earn their own bread.

GENERAL PRACTISE: In India generally the law favors and has been enacted for the protection and welfare of women, as they are considered as the weaker section of the society.

But the scenarios have changed now and so is the law, it is evolving for good and we have seen cases where a husband was provided maintenance by wife in exceptional cases. Also if a couple is married under HMA,1955 section 24 is beneficial for husband as it contains a provision of maintenance for men.

1. Hindu law: Section 24 of the Hindu marriage act, 1955 allows both husband and wife to claim maintenance from the spouse. Usually the deciding factors of providing alimony depend upon the capacity to maintain oneself, earnings, assets etc.

Also an additional provision for only women under Hindu adoption and maintenance act, 1956 where only a wife is entitled to ask for alimony on certain listed grounds.

2. Christian law: Section 36–38 of the divorce act, 1969 deals with the payment of maintenance by the husband to his wife if a court directs so.

3. CR.P.C: Section 125 of the criminal procedure code provides for the grant of interim maintenance to wife.

4. Muslim law: Muslim law preserves the right of maintenance for the wife. The Muslim women (protection of rights upon divorce) act, 1986 spells out the provisions of alimony.

5. Special marriage act, 1954: if a couple separating/divorcing is to be governed by this act, then, in that case, the only wife is entitled to claim maintenance.

LAWTENDO

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Lawtendo is an online platform that serves to connect clients with qualified lawyers in any city and for any court in India. https://www.lawtendo.com/

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