Divorce

Presuming you are Hindus, you can file a divorce case under Section 13 of the Hindu Marriage Act and the law applicable are same for armu personals. 

The following are the grounds for divorce in India mentioned under the Hindu Marriage Act, 1955:

1. Adultery

2. Cruelty

3. Desertion

4. No Resumption of Co-habitation

5. Not Heard Alive

6. Renunciation

7.  Venereal Disease

8.  Leprosy 

9. Mental Disorder and

10. Conversion

After divorce either of the spouse has the right to claim alimony. Though not an absolute right, it can be granted by the court depending upon the circumstances and financial conditions of both the spouses.  Alimony is generally not granted to the spouse seeking it if he or she is already receiving support during the time of divorce. Although the rewarding of alimony can be revised in such events based on the arguments for claiming the support. In case of a contested divorce, often spouses fail to come to any understanding regarding alimony. In such situations, the court takes up the task of making a decision on the amount of alimony to be paid. 

The amount and duration of alimony generally depends upon how long the marriage existed. Marriages that lasted more than 10 years are entitled to be granted a lifelong alimony. Age of the spouse is also taken into consideration while awarding alimony. Normally a young recipient of alimony gets it for a short period of time if the court thinks that he or she will soon be able to become financially sound through prospective career excellence. Alimony is also in vogue in order to equalize the economic condition of both the spouses. The higher earning spouse is entitled to pay a heavy amount as alimony. The spouse who is projected to be enjoying a prosperous career is liable to pay high alimony amount. If one of the spouses is suffering from poor health, the other is subjected to payment of high alimony to ensure proper medication and well being of the other spouse. The terms and conditions of payment of alimony in India vary from one personal law to another. None of the Indian personal laws are spared from criticism due to existence of laws in framing definite rules for granting alimony.

Here are some of the provisions in India that talk about alimony:

• Section 125 of the Code of Criminal Procedure, 1973
• Section 18 of the Hindu Adoptions and Maintenance Act, 1956
• Section 25 of the Hindu Marriage Act, 1955
• Section 37 of Special Marriage Act, 1954
• Section 23 of the Hindu adoptions and maintenance act

Regards,

Anaita Vas

@ Neha,

Did you apply to the Commanding Officer of your husband for payment of alimony for you and your kids ? If not, apply immediately without waiting for execution of court order.

You should (may) also approach Chairperson AWWA , who is the First Lady i.e. wife of Chief of Army Staff. 

Just think twice for divorce, although you are entitled for maintenance for life for yourself, for son till 18 years of age and marriage of daughter.

If you are in Delhi / NCR and think so, may ocntact me on appointment.

Dr. (Maj) J C Vashista, Advocate