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Unhappy Me (.)     30 December 2009

alimony- clarifications sought

my story

wife may file for divorce. I have a 4 year old son. we have been married for nearly five years  

What are the types of alimony as per indian laws

is alimony  payable monthly or in lumpsum.

can the same be paid in tranches say once every 5 years.

in case wife remaries how does alimony amount get affected. 


 5 Replies


In Hindu Marriage Act, there are two types of maintenance (alimony).  Interim maintenance and permanent maintenance.  The first one is only during the pendency of a case under Hindu Marriage Act, i.e., divorce case etc.  Once case is decided, the application for permanent maintenance will be filed and disposed off.  It will be till she goes for second marriage.

In addition to above or in alternative to above, a wife can file maintenance under Section 125 Cr.P.C. also.  There also interim maintenance can be awarded by the court during the pendency of the main petition.

That under Section 18 of the Hindu Adoption and Maintenance Act, a wife can seek maintenance and it will be given till she is "chaste".

The wife can get any or all of the above said maintenance, but while the court grants a maintenance in any particular case, it will consider  whether any mainteance was granted earlier under any other law and that would be adjusted in the latter order.

It wlll be generally monthly allowance so that she can sustain. 

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Unhappy Me (.)     30 December 2009

I have heard that maintenence is to be paid in lumpsum and the amount may be in lakhs. I do not have such kind of savings. Can i request court for for payment of maintenence on monthly basis?  

Adv Archana Deshmukh (Practicing Advocate)     30 December 2009

 Yes you can. If you pay monthly maintenence then you won't have to pay her when she remarries. 

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Adv Archana Deshmukh (Practicing Advocate)     30 December 2009

  And yes, please don't use such psudos like 'unhappy me'.  Life may've given you some problems, but negative attitude/thinking will only enhance them, try to be optimistic & think positively.

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maintenance is not a penal provision.   It is just that the party, who is seeking maintenance should not become indigent.  Hence, the court normally and in almost all cases, award maintenance only on monthly basis and not lumpsum.  What you heard is wrong.  In some cases, as a matter of permanent settlement a party may be willing to pay lumpsum amount in lieu of monthly alimony.  The court will direct you, if you request or you do not request, to pay monthly maintenance.  (for your satisfaction, you can put specific request that you can pay only monthly maintenance and not any lumpsum amount). 

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