Alimony After Divorce in India: Laws, Rights & Legal Rules

Since the evolution of mankind, we are wired to find a companion, settle down and strive altogether. What sounds so simple, isn’t these days. Marriages has turned into lavish deals to covering unsaid issues people never knew needed attention. Marriage which turn “not so good to be true” to divorce followed by alimony after divorce. Divorces are more than just a tiring legal battles. This blog navigates through the factors associated with alimony after divorce in India, distinction with maintenance, landmark cases and more.

What is Alimony after Divorce: Understanding the Basics

Basically divorce is a legal dissolution of a marriage by a court or competent authority. Divorce terminates the marital contract, with obligated spousal duties and enables eligibility to marry again. Alimony is also known as spousal maintenance. Alimony after divorce could be defined as the financial support provided by a spouse to the other in order to maintain financial stability and standard living. 

Types of alimonies are as follows:

• Interim Alimony: Temporary financial support from spouse during court proceedings. Considering the slow pace of indian judicial system, cases can take years. So, the court orders financially abled spouses to pay monthly expenses. This covers rent, food and medical bills.
• Permanent Alimony: This is a final settlement post-divorce. The court decided a lump-sum or monthly payments as per the state of the case.
• Rehabilitative Alimony: This kind of alimony is given till the dependent party becomes self-sufficient. It could be to complete education or get a reliable job.

On global metrics, India is one of countries with lowest divorce rates. The question arises, is it a good metric or something else? India being a patriarchal country where women are worshiped but is the scapegoat to numerous crimes. In rural setting, divorce rate stays low. As women are dependent of their spouses despite staying in unhealthy abusive circumstances. For a women from rural setting, turning down marriage and heading for divorce is like alien invasion of certain backward areas. Issues like domestic violence, marital rape, psychological harassment by spouse or his family and adultery are the main factors that affect the quality of marriage. Hence, metrics suggest 1% divorce rates exist in rural region in India which reflects the stigma around it. Sustaining an unhappy marriage is preferred over choosing an escape outlook for oneself. Orthodox mindset and societal disapproval and pressure are the prevailing factors that highly affect people’s take towards divorce.

In urban setting, divorce rates are higher than rural setting ranging from 30-40%. Unlike rural region, urban setting has evolved in terms of individuation and healthy marriages. Failed marriages are accepted among society in most scenarios, and leading to divorce rather than suffocating in marriage in seen as a reliable outlook. Many divorces are taken mutually when both the parties in the marriage agree to dissolute their marriage legally, this situation is labelled as mutual consent. On the other hand, when one party accuse other party on the grounds of cruelty, adultery, desertion or false claims affecting the marriage, this situation is knows as contested divorce.

Difference between Alimony and Maintenance

Alimony and maintenance sounds like a different words with similar meaning but isn’t. In legal landscape, alimony and maintenance differs on numerous grounds:

• Duration & Time: Maintenance is given during the marriage, legal separation or when the case is pending to maintain financial stability whilst alimony is given after the court approves and finalizes the divorce.
• Purpose: The primary purpose behind maintenance is to ensure that dependent spouse survives daily life and pay legal expenses during the trial. On the other side, alimony ensures to maintain standard quality of life as during the marriage.
• Modification: Maintenance can be altered depending on the change in financial condition of the spouse whilst alimony is paid in lump-sum in one go or installments.

Alimony Laws in India

The concept of alimony roots from a principle that marriage creates financial partnership and the dissolution of marriage should not leave the other spouse stranded with no financial backup or source to sustain. Alimony laws are governed under the umbrella of divorce laws in India.

Before diving into the legal aspect of alimony after divorce lets focus on alimony rules in India that serves as a qualifying criteria.

Alimony provision differ as per the criteria based on the religion of the spouse:

• Hindu Marriage Act, 1955: Section 25 covers marriage done within Hindu, Sikh, Buddhists and Jains. Section 24 covers the provision to claim interim maintenance during the proceedings while Section 25 allows the court to grant permanent alimony based on financial conditions and needs.
• Special Marriage Act, 1954: Similar to Hindu Act, this provision applies to interfaith marriages in which either spouse can claim alimony during or post-divorce period.
• Muslim Personal Law: As per Sharia Act 1937 & Muslim Women Act 1986, Muslim women can claim maintenance (also known as iddat) for a specific post-divorce period. Post iddat if there are no means of financial support then women can approach wakf board for assistance in the matter.
• Indian Divorce Act, 1969: Under Section 36 Christian women can claim maintenance during the proceeding and Section 37 covers post-divorce support norms.
• Parsi Marriage & Divorce Act, 1936: Specific for marriage held under the Parsi faith. Section 39 &40 covers the provision of claiming maintenance depending on the financial status and conduct of the marriage.
• CrPC Code of Criminal Procedure: Section 125 allows either spouse irrespective of their religion to claim maintenance if they don’t have financial support.

Notable Alimony Cases in India

Legal provisions were not made in a sole effort rather is always in a developing state. Notable alimony cases in India have shaped the direction of existing provisions.

• Md. Ahmed Khan Vs Shah Bano Begum: This case is identified for its historic secular maintenance judgment. With this case, law was revised with a view that divorced wives are entitled to financial support irrespective of their religion. This particular case challenged existing wakf board and muslim laws. From a feminist gaze this was a notable case.
• Chaturbhuj vs. Sita Bai: This cases specifically quoted that working women is not excluded to claim maintenance from their spouse. This morale behind this judgement was to observe that despite being working women is not pushed in the state of financial distress.
• Rakhi Sadhukhan vs. Raja Sadhukhan: This case reflected on the impact on inflation on the spouse who gets alimony. Since inflation is a moving curve, so alimony and maintenance has to be revise with keeping inflation rates in mind. In this case, husband was to pay 50K permanent alimony coupled with 5% hike every two years.

What is Permanent Alimony & When is it granted?

Permanent alimony is granted to spouses who requires continuous financial support. The payment is made for an indefinite period and is terminated in certain scenarios. Here, permanent doesn’t mean lifelong financial assistance. In case of permanent alimony, the court mandates periodic payments. In some cases where divorce is mutual and applicant requests for lump-sum payments are granted.  Section 25 of Hindu Marriage Act allows the court to grant permanent alimony after divorce only after considering the financial state of the spouse. This is a gender neutral law under the provision Section 25 HMA.

Financial dependency of the spouse is considered while assessing the scenario of permanent alimony. If the spouse id incapable of sustaining financially, then permanent alimony is granted. Longer marriages also end up with permanent alimony as the dependent party has given up career opportunities during the flourishing years of marriage. From a compensatory gaze this is viewed. Permanent alimony is also granted in cases where the scope of self-efficacy of the dependent party is impossible. Spouses who are primary caregiver of the children are also given considered in this scenario. Old age spouses ailing with medical condition and limited financial scope are also taken into consideration.

Permanent alimony end in case the recipient remarries. Death of either party is also a reason. Change in financial circumstances such as job loss, demotion, loss in business, bankruptcy are valid scenario when permanent alimony gets halted.

Indian courts don’t have a rigid format to calculate alimony yet they consider multiple factors while calculating so. Factors like duration of marriage, standard of living during marriage, self-suffice and children’s custody are taken into consideration while calculating the alimony. Suppose if a spouse earns 1Lakh per month, then dependent spouse can get 20-30%. Yet this criteria differs depending on the mentioned factors.

Alimony for Husband: Can Men Claim Alimony after Divorce in India?

Yes, any spouse husband or wife can claim alimony under Indian las like Hindu Marriage Act, 1955 Section 24 & 25 clearly states that alimony can be claimed from financially abled party in the marriage. Similarly, Section 34 & 35 of Special Marriage Act, 1954 claims that either spouse can claim maintenance covering both interim and permanent alimony depending the case. Situation when husband can claim alimony:

• Health Concern: If husband is dealing with illness that doesn’t enables him to work or so, then yes they can claim alimony.
• Income Biases: If a husband doesn’t have sustaining level of income.
• Career Halt: If a husband took career break to manage household.
• Unemployment during proceeding: If a husband loses his job while the case is still going on in the court.

Summing Up

Divorces are excruciating but so is a marriage that limits your chance to a fuller life. Alimony laws in India offer a reliable assistance to people seeking to end their marriage. What we thought only assists women, isn’t. In fact it is gender neutral. Alimony after divorce is not as complex if we are aware of the terms, laws and what needs to be checked. While navigating alimony negotiation in court it is crucial to have trustworthy lawyer representing your needs and demands equivalently.