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Pradnya Sanap,
University of Mumbai, Thane Sub-campus
INTRODUCTION
Alimony is a very important issue to deal with in divorce cases. The awareness of the right to claim financial assistance for maintenance after divorce was a relatively unfamiliar concept among Indians seeking divorce, especially women, until a few years ago. Since the rate of divorce is increasing rapidly in India, people are becoming aware of various details related to divorce laws. The era of feminist campaigns and the spread of education among women contributed to the increasing purpose of alimony in matters of divorce. Alimony or spousal support is an obligation by laws in almost all countries of the world. It is expected that despite the penny, both husband and wife should bear the support of maintenance during and after marriage. The concept of alimony came into vogue due to the nature of the uncertainty of marriage. According to the custom of marriage, marriage is a sacred union. Once married, the duties and responsibilities of marriage must be fulfilled for life, even if there is spiritual incompatibility or physical separation between the spouses. The husband is obliged to take responsibility for his wife's maintenance despite sharing a relationship. As time changed, law and education, strong women, and divorce came as a spontaneous solution for an unsuccessful marriage. The present society treats men and women equally; as a result, the burden of alimony can now fall on both sides of the party based on the financial conditions of the husband or wife. Even though in the present era of equality, both men and women are similar before the law, in practice, men are more responsible for providing interim assistance to their wives during the process.
TYPES OF ALIMONY
Temporary alimony: While divorce is pending, it may include the cost of divorce and daily expenses, and it stops when the divorce is finalized.
Permanent alimony: Monthly payments of permanent alimony are made until either spouse passes away or the lower-earning spouse remarries.
Rehabilitative alimony: Rehabilitation alimony, while lower-earning spouses try to increase their employment possibility through education or training or during job discovery, is after a certain period or when the payment becomes self-supportive, so it stops.
Reimbursement alimony: This is given to the low-earning spouses for expenses such as tuition or work training.
Lump-sum alimony: When one spouse does not wish to receive any property or valuables from the jointly acquired estate, sole maintenance is awarded instead of settling the property issue.
As is evident from the types of alimony, the end of alimony is flexible and open to interaction. Other circumstances that can serve as a sufficient reason to prevent payment include retirement, children no longer needing parents' care, and when a judge has determined that a recipient has become self-sufficient.
FACTORS AFFECTING THE DECISION OF ALIMONY
The amount of alimony and duration of alimony usually depends on how long the marriage was. The marriage lasting for more than 10 years is entitled to give a lifetime alimony. The life of the spouse is also taken into consideration while giving alimony. Generally, a young recipient of alimony gets it for a short time if the court feels that he will soon become economically sound through potential career excellence. The alimony is also in vogue to equal the economic condition of both husband and wife. The high-earning spouse is entitled to pay a huge amount in the form of alimony. The spouse who is expected to enjoy a rich career is responsible for paying the high alimony amount. If one of the husbands or wives is suffering from poor health, then the other is paid high alimony to ensure proper medicine and the other spouse's good. The terms and conditions of payment of alimony in India vary from one law to another. None of the Indian personal laws is spared by criticism, which is not due to the existence of laws but due to certain rules to pay alimony.
CONDITIONS IN WHICH ALIMONY IS AWARDED BY COURT
The alimony is generally not given to the demanding spouse if he is already getting support at the time of divorce. However, the reward of alimony can be revised in such events based on an argument to claim support. In the case of divorce, the husband and wife fail to make any understanding regarding alimony. In such situations, the court works to decide on the amount of alimony to be paid. Under only a few compelling conditions, the court steps to change the already implicated alimony. Sometimes, the court can also hand over the burden of paying the maintenance to the public body.
IMPORTANT PROVISIONS FOR ALIMONY
Hindu Law: The Hindu Marriage Act of 1955 (Sections 24 & 25) had a provision for both interim and permanent alimony.
Muslim Law: Maintenance is usually provided during the iddat period (3 months) after divorce under Sharia law and the Muslim Women (Protection of Rights on Divorce) Act, 1986.
Christian Law: The Indian Divorce Act of 1869 (Sections 36 & 37) governs alimony for Christian spouses.
Parsi Law: The Parsi Marriage and Divorce Act of 1936 provides for maintenance both during and after divorce.
Special Marriage Act of 1954: It is related to inter-religious marriages and allows maintenance under Sections 36 and 37.
RIGHTS
1. Right to Claim Alimony: A spouse (traditionally economically weak party) has the legal right to take alimony during or later during divorce proceedings. Courts determine the amount based on factors such as income inequality, standard of living, marriage duration, and financial requirements.
2. Right to Interim Maintenance: This is temporary financial assistance provided during the divorce process. This ensures that the dependent spouse has financial stability until the final alimony is done. It covers basic requirements such as housing, food, and legal expenses.
3. Right to Live with Dignity: The alimony is to ensure that financially dependent spouses can maintain a standard of living with them during marriage. The courts take into account the social and financial situation of both husband and wife to ensure fairness. This right prevents economic difficulty, and the recipient ensures the good of the spouse.
4. Right to Alimony for Men: Traditionally, alimony was provided to women, but many modern legal systems believe that men can also claim alimony if they are economically dependent. If a husband's earnings are low, disabled, or unable to support himself due to circumstances, he has the right to take alimony from his wife. This financial assistance ensures gender-objective impartiality in-laws.
IMPACT OF ALIMONY ON MARRIED COUPLE
Alimony can have a sufficient effect on both husband-wife and society. The alimony payment gives financial stability to the beneficiaries and helps them maintain their standard of living during marriage. Stress related to divorce and child support can be harmful to the mental and physical health of husband and wife. Anxiety, despair, and insecurity are broad, especially when the financial future is unknown. Mental stress can damage your physical health, resulting in sleep, hypertension, and a compromised immune system. Rules that control alimony have widespread social and economic implications. The alimony serves to guarantee that the economically weak spouse does not promote social impartiality; nevertheless, the financial load on the payment husband or wife can cause economic difficulty and limit their ability to contribute to society in other ways.
RECENT DEVELOPMENTS
The Supreme Court highlighted that alimony should not work to balance the money between the spouses but should be fair and equitable, keeping in mind the financial capabilities and needs of both individuals.
Strict rules for the betterment of women, not to extort money from their husbands: Supreme Court.
LIMITATIONS
Husband's investment: The wife has no control over any investment in her husband's name, including property, such as jewelry, money, and other real estate.
Husband's insurance plans: The wife cannot claim against insurance plans for which payment has been made in the name of the husband.
Gifts and contributions: The wife retains the only ownership of these assets even after divorce until the husband helps pay for the gifts. But if the husband has contributed, he may be entitled to his fair part.
Wife's right to stay in matrimonial residence: Personal law gives the right to stay in the wife's marital residence. She deserves protection and has the right to live in her husband's house. She retains the right to live separately as part of his maintenance rights in cases where she is forced to do so due to her husband's behavior or reluctance to build housing for her.
Maintenance eligibility: Wives are entitled to maintenance, including housing costs, it also extends to women who are divorced.
RECENT JUDGMENTS
Rajnesh vs. Neha (2020)
In the judgment of the Rajnesh vs Neha case (2020), the Supreme Court outlined the criteria to determine alimony across India. The court highlighted the importance of transparency in disclosing income and assets. Guidelines on the advocacy of interim maintenance for a fair and equitable process for all parties involved.
Kalyan Dey Chowdhury Vs Rita Dey Chowdhury (2017)
The ruling established that alimony should create a balance in financial status between the two sides. It further specified that low-income individuals should not receive more than 25% of their yearly earnings as alimony. This decision effectively protected the rights and interests of both sides.
CONCLUSION
Alimony in India is not a matter of one spouse paying the other. This includes a detailed idea of various factors, including financial status, sacrifice, and conduct of both sides. The Supreme Court has introduced major guidelines to ensure that the alimony process is transparent, just, and based on facts. Anyone must understand these laws, their implications, and the latest legal developments. As these laws develop, they offer both challenges and opportunities for individuals and society, giving shape to the future of marital relations in India.
REFERENCES
1. Kalyan Dey Chowdhury v. Rita Dey Chowdhury, 2017 SCC ONLINE SC 440
2. Rajnesh v. Neha, (2020) 3 SCC 794
3. “Investopedia”, https://www.investopedia.com/terms/a/alimony.asp
4. “Advocate khoj”https://www.advocatekhoj.com/library/lawareas/divorceinindia/11.php?Title=Alimony%20in%20India%20%20India
5. “Aditya Birla Capital”https://www.adityabirlacapital.com/abc-of-money/how-is-alimony-calculated-in-india
6. “Law crust” https://lawcrust.com/divorce-alimony-in-mumbai/
8. “Hindustan Times” https://www.hindustantimes.com/india-news/sc-can-t-seek-alimony-as-means-to-equalise-wealth-101734635173484.html
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