Maintenance and Alimony Laws in India

In this article, we will discuss about the laws relating to Alimony and Maintenance in India, its types, legal provisions relating to it, the factors which are the court considers before awarding Alimony. Also, different laws of different religions are also discussed.

·   Use and Meaning of Alimony and Maintenance: The term alimony and maintenance are synonymous. They are used differently in different countries. In India, before divorce, the term alimony is used, while after divorce they are used interchangeably. It refers to an allowance or sum of money which is paid to the wife by her spouse, so that she can sustain herself.

·   Amount of Maintenance: The amount of alimony should always be reasonable. It should never be beyond the capacity of the other spouse.

·    Legal Provision which talks about maintenance: Section 125 of CrPC gives right to the wife to claim maintenance from her husband.

·   Types of Alimony and Maintenance: There are two types of alimony and maintenance.

1.  Interim Maintenance – These are the maintenance costs given to the wife while the case proceedings are going on. It also covers the litigation cost incurred by the wife.

2.  Permanent Maintenance – These are the maintenance costs which are given to the wife once the marriage has been dissolved or judicial separation has taken place. This amount is either paid in lump-sum basis or periodically basis.

·  Factors which are considered while awarding maintenance: The court looks into various factors while deciding the maintenance amount, they are –

1.     Status and position both the parties – Certain disclosures are made by both the parties of their income and properties. These are very important factors to be considered.

2.     The lifestyle and reasonable wants of the wife - The lifestyle, along with the financial status is also very important. Reasonable wants not only means food for wife to stay alive, but also emphasising on lifestyle, status, health, age, liabilities and responsibilities, if there is a child. The women should live with dignity after separation.

3.     Wife’s own income – The court also considers the position of the wife. The court sees whether the wife is earning or not. If she is earning, the income level is also considered.

4.     Remarriage of Wife – If the wife remarries, then the wife will not get anything, but will pay for the children, if any.

·     Alimony under Hindu Law: They are governed by the Hindu Marriage and Adoption Act, 1956. In Hindu Law, both the husband and wife can claim maintenance. A reasonable amount of maintenance is awarded by the court. A Hindu wife will not be given alimony if she is unchaste or has converted to some other religion.

· Alimony under Muslim Law: They are governed under the Muslim protection of Rights on Divorce Act, 1986. In Muslim Law, only women have right to alimony and not men. A Muslim woman is entitled to a reasonable amount within the iddat period, and amount equal to mehr or dower agreed at marriage earlier, an peroperty given to her by the husband’s relatives.

·    Alimony under Christian Law: They are governed by the Indian Divorce Act, 1969. In Christian Law also, only women can claim for maintenance and not men.

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