Maintainence and Alimony in Hindu Divorce Cases

January 6, 2024

This article has been written by Ms. Yashashvi Miahra a 3rd year student of college University of Allahabad, Prayagraj

ABSTRACT

Divorce is an unfortunate event that affects numerous aspects of an individual’s life. Among the various issues that arise during divorce proceedings, the matters of maintenance and alimony play a significant role. In India, the legal framework provides provisions for maintenance and alimony to ensure financial stability for the dependent spouse post-divorce. This article aims to provide an overview of maintenance and alimony after divorce in India.

Divorce procedures always include a discussion of maintenance, child custody, alimony, and other related matters. Maintenance & Alimony are the terms that come in between the divorce proceedings. Child Custody also comes but it is simple to understand. So we are starting with alimony and maintenance here.

The financial ramifications of a divorce could deter the standard of living of the applicant and in most cases even their very survival. This establishes the legal grounds for enacting the provisions of alimony and maintenance, the purpose of which is to compensate a spouse in the event of a legal separation or divorce. This article throws light on the entitlements and accountabilities of a spouse under these circumstances.

Maintenance is the financial assistance provided by one spouse to the other if he or she is unable to maintain themselves. There is, however, much more to it, but for the time being, we should at least be clear with the differences between these two terms. It is the sum paid to one spouse regularly or during a court action. Alimony, on the other hand, is a one-time payment made to a spouse after a divorce. On the one hand, alimony payments can be made in both property and cash, whereas maintenance payments must be made in cash alone.

Maintenance is the amount set by the court (in case of contested divorce) to the spouse for the fulfillment of basic needs like housing, shelter, food, and clothing. The main motive behind such maintenance is to secure the right of the divorced partner who doesn’t have financial support to live a better life. The reason for mentioning contested divorce here is pretty simple. In the proceedings of mutual divorces , all these matters are resolved before court proceedings. Whereas all the legal decisions are sorted in the courtroom in a contested divorce.

INTRODUCTION

Maintenance and alimony are terms often used interchangeably, but they have distinct meanings in the legal context. Maintenance refers to the financial support provided to the spouse during the marriage or during the pendency of divorce proceedings. On the other hand, alimony refers to the financial support granted to the spouse after the divorce is finalized. In India, both maintenance and alimony are determined based on the financial capacity of the spouse and the needs of the dependent spouse.

The word “alimony” is defined as the financial support provided to spouses after the divorce. It is given to spouses not having sufficient means to take care of basic needs. Either spouse can claim alimony from another spouse and the lump sum amount that one spouse has to pay.

In simple language alimony means: Financial support that a person is ordered by a court to give to their spouse during separation or following divorce. In simple language maintenance means: Financial support provided for a person’s living expenses no matter.

Apart from being emotionally challenging, a divorce case can be very hard on the pocket as well, especially for a person who has to pay not only an interim maintenance but also a big alimony. Since this legal fight often goes on for long, the location of the court where the case is being fought will decide how convenient it is for the parties to attend the hearings frequently. It also decides a critical aspect of a divorce case — how hard will it be on the pocket. We tell why you need to be mindful of the place of your court as it will have a big impact on the overall cost.

ELIGIBILITY

As per the provisions of the Hindu Marriage Act, either spouse can claim alimony for maintaining her lifestyle. Even if the wife is working she can claim maintenance in order to maintain the same status as her husband. If the wife is non-working then the court shall consider her educational qualification and her capacity to earn before deciding the alimony.

The maintenance laws in India are primarily governed by two legislations:

The Hindu Marriage Act, 1955: This act applies to Hindus, Buddhists, Jains, and Sikhs. Under Section 24,either spouse can apply for maintenance during the pendency of the divorce proceedings. Section 25 of the Act empowers the court to grant permanent alimony after the divorce decree is passed.
The Code of Criminal Procedure, 1973: This code applies to all communities in India. Under Section 125, a spouse, irrespective of their religion, can claim maintenance from the other spouse if they are unable to maintain themselves.
Section 18 of the Hindu Adoptions and Maintenance Act, 1956 that the wife is entitled to get maintenance by her husband throughout her life.

While determining the amount of maintenance, courts consider several factors, including:

Financial Status: The court assesses the earning capacity, income, and property of both spouses.
Standard of Living: The standard of living enjoyed during the marriage is taken into account while deciding the maintenance amount.
Age and Health: The age and health conditions of both spouses are considered to determine their ability to earn a livelihood.
Child Custody: The custody and maintenance of children from the marriage are also considered when determining the maintenance amount.
Any Other Relevant Factors: The court has the discretion to consider any other relevant factors on a case-by-case basis.

Maintenance orders are not permanent and can be revised or altered based on changed circumstances. If the spouse who is liable to pay maintenance experiences a substantial change in their financial situation, they can approach the court to modify the maintenance amount. Similarly, the dependent spouse can approach the court if there is a significant change in their financial situation or if the paying spouse fails to comply with the maintenance order.

The legislative framework in India pertaining to maintenance and alimony aims to ensure economic assistance and stability for the spouse who is financially dependent following the dissolution of marriage. The legal framework incorporates an assessment of the financial capabilities of both parties involved and seeks to uphold the standard of living experienced throughout the duration of the marital union. Although laws establish a structure, the assessment of maintenance and alimony is ultimately subjective and subject to variation in each individual case. It is recommended that individuals consider obtaining legal advice in order to gain a comprehensive understanding of the specific provisions and procedures pertaining to post-divorce maintenance and alimony in the context of Indian law.

THE NEW GUIDELINE FOR DECIDING THE MAINTENANCE

The Supreme Court has prescribed a new rule to reduce this divergence in quantum of interim maintenance and alimony. “The guidelines established by the apex court in Rajnesh v. Neha have helped in standardizing the information disclosed by the parties by affidavit to allow the court to come to a considered determination in such matters,” says Pandit.

Be it wife or husband, both have similar right to claim maintenance and alimony under the Hindu Marriage Act. “In a divorce case under the Hindu Marriage Act, 1955, both spouses are eligible to receive maintenance from the other spouse. Of course, whether or not any maintenance is granted, be it the wife or the husband, depends on the facts and circumstances of each case,” says Mihir Govilkar, advocate, Govilkar & Associates.

According to the new guideline, both parties are required to declare their financial position. “As per a judgement of the Supreme Court, now, both the husband and wife have to file an affidavit of assets and liabilities, also giving details of any other orders of maintenance that may have been passed in disputes between the two parties in other for a. This helps the court analyse and adjudicate as to the amount of maintenance that can be granted in a particular case. This judgement has brought about a drastic change in how maintenance orders are passed,” says Govilkar.

However, since cost of living varies widely across cities, the courts would typically consider the local standard-of-living cost when deciding the amount. “Courts will consider the standard of living of the parties as well as the need for maintenance. Since cost of living is usually higher in metro cities, the amounts awarded are usually higher in comparison to tier-2 or tier-3 cities,” says Pandit.

In India, alimony rules have changed during the past few decades. Numerous adjustments have been made to equalize alimony payers and receivers, and some essential rulings have changed how we view alimony payments. Any issues that may arise following an alimony settlement should be addressed with the assistance of an alimony attorney.

REFERENCES –