The term has its origin from latin word ‘Alimonia’ meaning sustenance. It is a financial support that a person pays to his/her spouse after divorce or separation. The rate of divorce is increasing in India due to which people are becoming aware of the various details related to divorce laws. Feminism has spread an awareness among women which has contributed to the growing alimony in divorce cases. It is an obligation made compulsory by almost all countries in the world. Both the spouses irrespective of gender must bear the maintenance support after marriage. India is a diverse country , there are many communities such as Hindus, Christians, Muslims, Parsis, etc. All communities have their own personal laws which are derived from scripture, customs and traditions. So ground of taking alimony is not same for everyone.
In Hindu Marriage Act , 1955 , both husband and wife are entitled to claim alimony and maintenance whereas in The Special Marriage Act of 1954 only wife is entitled to such maintenance. Alimony in the case of a divorce with mutual consent is decided by the husband and wife themselves. In today’s society men and women are treated equally , therefore the burden of alimony can be shifted to either side of the party depending on the financial situation and social circumstances of the spouse. But in majority of cases the women get the financial support from the husband as they are more prone to a financially weak life. Many social organisations working for the rights of men have an opinion that the Alimony laws in India are biased and are exploiting the husbands who are working very hard to earn a living.
Factors which court consider for granting Alimony:-
- Financial position of the husband:- The financial position of the husband is accessed by court during the case of alimony. The court ensures that the salary of the sufficient to meet his own expenses first and whether he can manage the financial weight of alimony.
- Demands of wife:- The amount of Alimony also depends on the wants of the wife. The wants here means such suitable amount which will be enough for the wife for a living. If the wife has a minor child the amount of alimony can differ according to that.
- Earning of wife:-The court will not only take into account the income of husband but also the income of wife will be considered. The facts and circumstances of the case will decide whether Alimony will be awarded to the wife or not. According to Hindu Marriage Act, 1955 even a husband is entitled to Alimony if he is earning less from his wife or not earning at all.
- Duration of Marriage:-The amount and duration of alimony generally depends on the duration of marriage. The marriages older than 10 years are entitled to be given a lifelong alimony.
- Age of the Spouse:- Age of the spouse is also taken in consideration while awarding alimony. If the spouse is younger then the alimony will be for a short period of time, because there is a probability that his/her financial situation will improve by time.
- Health Condition:- This factor plays a vital role in calculating the Alimony, the health condition of the spouse is accessed and it is ensured that proper alimony is awarded so that the medical expenses can also be beared.
- Children:- If the couple is having children then it affects the Alimony amount in various ways. The wife can seek more amount as to incur the expenses of education for their child.
Calculation of Alimony
There is no specific formula for calculating Alimony amount that the husband needs to give to the wife. The alimony can be given monthly or in a form of lump sum amount. The Supreme Court of India has set a benchmark for alimony, which is 25 per cent of the monthly salary of the husband. There is no such specific benchmark for one time settlement but the amount vary between 1/5th to 1/3rd of the total net worth of husband.
Laws associated with Alimony in India
- Section 23, Hindu Adoptions and Maintenance Act, 1956
- Section 25, Hindu Marriage Act, 1955
- Section 18, Hindu Adoptions and Maintenance Act, 1956
- Section 37, Special Marriage Act, 1954
- Section 125, Code of Criminal Procedure, 1973
The law of Alimony in India is same for husband and wife considering that the spouse who will earn more will provide financial support to financially weaker spouse. It is necessary as to ensure that the spouse who is less financially strong can get some stable living opportunity. There are many factors affecting the duration and amount of the alimony and alimony can be challenged in the court as once the financial condition of the spouse becomes strong.