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(Guest)

What is indian law on alimony?

 

What is Indian Law on alimony?

Answer:


The general perception is that the person initiating a divorce shall not be entitled to any financial support from their spouse. This, however, is not entirely true. It all depends on the financial position of the spouse. In the event of the wife not being able to sustain herself financially, or having no source of income for herself, she then is entitled to an allowance as maintenance. On the other hand, if she is earning sufficiently well for herself, she cannot claim any maintenance. Herein, an interesting question arises, ' whether a husband has any right to claim maintenance from his wife'. The answer is, surprisingly, in the positive. Under the Hindu Marriage Act, this provision has raised many an eyebrow. To put it simply, depending on the circumstances, a husband also has the right to ask for alimony.




As is prevalent in our Indian society, the wife is mostly a homemaker. Thereby, a major part of our female population never ventured out from the cosy comforts of her home to earn for a living. Thus, being, more relevant, the word 'maintenance' came to be associated with women, almost to the point of being synonymous with the weaker s*x. However, the Indian Judiciary being very fair, came to the rescue of the husband. According to Hindu Law, the husband also has the right to claim maintenance which is subject to certain conditions. In the event of the husband becoming incapacitated due to some disease or accident, and thereby, is rendered incapable of earning for a livelihood, he then has the right to claim alimony. At the same time, one should bear in mind that if the husband is an able person in every sense of the word, and yet does nothing for a living; he cannot be entitled to any maintenance. The Court of Law provides no relief to a wastrel. 



There are various laws that govern the quantum of maintenance to be decided upon, and awarded by the court. An application for maintenance can be filed in India by the Hindus, under the Hindu Adoption and Maintenance Act, and under the Hindu Marriage Act. There are other personal laws for people following different faiths. Thus, people belonging to other religions are governed by such personal laws. However, irrespective of one's caste, creed or religion; any person can file an application for maintenance, under section 125 of the Criminal Procedure Code. Besides the wife and husband, the parents and children of the respondent, can also vice versa claim maintenance under this particular section. 



The Court decides to grant maintenance only when an application is filed before it. It is entirely at the discretion of the Court to decide if at all any maintenance deserves to be awarded to the applicant/ petitioner, and if so, then the amount of main tenance to be granted. Whilst doing so, the Court takes into account various factors that would affect the quantum of maintenance to be decided upon, such as, the status and financial position of the parties concerned, the number of dependants on the respondent, etc. Although the wife who makes the application for maintenance is earning sufficiently well for herself, she can yet be entitled to alimony in case her husband's income exceeds way beyond her own. This reasoning being on the premise that the wife is entitled to live as per the standard and status of her husband. 



The order of maintenance is subject to change. In other words, the amount of maintenance once fixed by the Court can be altered if there is a reversal of circumstances. There can be an enhancement or reduction of the same depending on the circumstances at that particular time. 



Another extremely disturbing query that often crops up is the failure on the part of the husband to pay up the maintenance amount decided upon by the Court. In the event of such an occurrence, the Court dismisses any relief that he is entitled to. For example, his divorce petition can be dismissed; or his right to custody and access of the children too can be affected. 



Another cause for worry is the refusal of maintenance by the Court, itself. Such illustrations being very few; however, the Court can refuse alimony if proved that the wife has a good source of income; or if found that she has been living in adultery. From recent times, the laws in India have become very strict. The Court has taken a very firm stand as regards the status of the wife. Only the lawfully wedded woman is considered as the wife. Certain recent judgments pronounced by the Court have very clearly indicated that no mistress or second wife is entitled to maintenance. However, children from the second marriage are entitled to maintenance from the father. 



Hence, the term "maintenance" has varied theories to it, and depends upon the circumstances of each and every single case. Thus, the quantum of maintenance cannot be assumed in advance. It is like a dreaded monster, especially for the one who wants to initiate a divorce, but is apprehensive that he may be asked to pay a huge amount as alimony to his wife; which he may not be in a position to afford. Nevertheless, whatever may be the amount of maintenance asked for, by the wife, the Court is usually very judicious and kind. It takes into consideration all the liabilities of the husband, with due regard to the requirements and necessities of the wife and children. Accordingly, it issues an appropriate maintenance order rendering justice to each of them. Nonetheless, the doors of appeal in the Court of Law are open to one and all, who are dissatisfied with the order passed.



Learning

 30 Replies

Tajobsindia (Senior Partner )     08 April 2013

Observation:
1.
What is the purpose of writing this article and placing before us if you yourself donot believe that there is a approved concept called Alimony and is gender neutral so far S. 25 HMA and or MCD is/are respectively concerned?
Reasoning:
Had you believed in concept of Alimony you could have correctly read down post of below queriest where the parties HAD MCD and some Alimony was mutually agreed by husband and based on which a Decree was granted to parties and later Husband hinted not to meet decree obligation and thus the ex-wife in below thread approached us for remedy.
For which you advise her not to beg post MCD decree – not to visit Court – do social talks with ex-husband - child visitation allow that also post MCD! Your advice which I differ defies all conventional Orders of Court in a 3 months old fresh MCD decree order in reference to queriest query and tangently opposite to theme of your own article is my view.  

Link of your earlier reply on Alimony;

https://www.lawyersclubindia.com/forum/Recovery-of-alimony-78395.asp 

1 Like

Tajobsindia (Senior Partner )     08 April 2013

Two views;

1.    The stubbornness needs to be brought on material records quickly and in such instance ‘reform’ approach from wife’s side should be plead; i.e. ‘Undertaking’ from stubborn husband by giving him time to find work and repay arrears via Court monitored process.
Pros: This is working in mostly S/W engrs. - NRI’s cases whose Passport were released on placing such undertaking with instruction to nearest Consulate Generals Office to report every quarterly on their re-joining work. We have seen such case in Hon'ble SC thus can say for sure it is working.
Cons: This reform approach is mostly not brought by generic wife’s side because
'today' she has need for money and not after sometime hence summery statutory provisions prescribed as per Law are pressed for. 

2.    In all maintenance cases be it under the Act / the Code maximum is 1 month SI. Some exceptions were malaise but more or less 1 month is what covers all old arrears and then game of patience re-starts from either side. 

In my opinion stubbornness on 'Law points' should be plead in asked matters and not just for

the sake of it that is where maximum of you are suffering is curt observation whether reader(s)

like hearing it or not.


(Guest)

^^^

https://www.lawyersclubindia.com/forum/details.asp?quote=358466&mod_id=78442#reply

 

Its just a lame excuse each woman gives that such and such thing had been agreed upon and now she is not being paid as per agreement while agreeing for MCD and decree later.


When they ask for equality, does it not occur to them or people who support females who marry only for the purpose of  extorting money.  In the said case, they have had a child out of the wedlock and the female is also responsible as the male to look after herself and the kid.


Of the article, its what it is, and the laws pertaining to alimony, maintenance need ammendments along with many other such laws which are gender biased, 


With regard to the above case, there continue to exist such people, but self-respect is totally a differnt thing for such women.

Never Give Up (Fighter)     08 April 2013

 

 

Originally posted by : Tajobsindia


Two views;


1.    The stubbornness needs to be brought on material records quickly and in such instance ‘reform’ approach from wife’s side should be plead; i.e. ‘Undertaking’ from stubborn husband by giving him time to find work and repay arrears via Court monitored process.
Pros: This is working in mostly S/W engrs. - NRI’s cases whose Passport were released on placing such undertaking with instruction to nearest Consulate Generals Office to report every quarterly on their re-joining work. We have seen such case in Hon'ble SC thus can say for sure it is working.
Cons: This reform approach is mostly not brought by generic wife’s side because 'today' she has need for money and not after sometime hence summery statutory provisions prescribed as per Law are pressed for. 

2.    In all maintenance cases be it under the Act / the Code maximum is 1 month SI. Some exceptions were malaise but more or less 1 month is what covers all old arrears and then game of patience re-starts from either side. 

In my opinion stubbornness on 'Law points' should be plead in asked matters and not just for

the sake of it that is where maximum of you are suffering is curt observation whether reader(s)

like hearing it or not.

 

Sir jee ,

 

On your point 2 of  1 month of SI, does FC judges really follow this ?? My friend was in 1 years SI due to non payment of maintenance for 3-4 years. I read it somewhere that judges follows 10 days SI for one month of non payment of maintenance. 

 


(Guest)

The age old law that husband had to keep paying alimony till the death of her wife or till she remarries does not make sense.


What kind of divorce is it?


Politicians are busy filling their pockets, planning on how to win next election, where will there be time for them to make ammendments to laws which people require.


cannot just blame politiicians alone.


All these are side effects of a democratic setup.


(Guest)

^^^

Even if we discuss this topic to no end.


Things will remain the same untill ammendments are made to existing gender biased laws.


There are no options in law to get away without paying alimony.


With a marginal increase in the number of divorce cases filed in India.


It should not come as a surprise when boys will refrain themselves from getting married, and plan for other options like livin relationship, turning into gays.  And same may apply for women too.



1 Like

Tajobsindia (Senior Partner )     08 April 2013

1.    IT (family laws) makes perfect current sense.
Reasoning:
India is making transition from being feudal State to Industrial State. Current Laws cannot be amended on Industrial State’s model. The moment it is strived to be done the rural gender needs to be paid her dues which a feudal society will never allow unless there is complete crossover change from grass-root pyramid platform onwards to urban society, sitting from where you are now discussing with us that is urban fad.  
*

2.    [You / Your = generic used henceforth] Your current post marriage arguments are from Industrial States (laws). Same cannot apply during transition phase of a State such as reference to India currently re-modeling herself.

3.    To some extent you are equally responsible too.
Illustration: When talk of your marriage were taking place you should have put your foot down saying in no unclear terms to your parents that I will marry only when I wish to that also as per my own terms. Your parents lived their life in a feudal society whose offspring you are. The difference here is you got western education and access to international social discussions which your parents in a feudal society were deprived of. So on the date of marriage why did not you stand up to your Industrial revolution social thoughts, you were mature enough, were you not?  On the date of your marriage there was no need to understand then Indian or International Family Laws because you are still part of same feudal system. So why crib now?  

4.    Hence you have to wait to see ‘equality’ widely accepted in Indian context till her transition is complete which is matter of another 4-5 decades as per conservative estimates.  

5.    Manusmriti has already been codified and read one of my earliest articles / discussion how during British time constituted Committee gave shape to present days HMA / HAMA / S. 488 CrPC (now s. 125 CrPC), GWA etc. in case you still realign under feudal mindset.

6.    Your friend who was / is in Jail needed an Advocate who has knowledge of binding precedents and Judges are not required to know Law, it is the duty of pleaders of the Court to place correct provisions in Law - persuasive pleadings r/w material records based on which Orders takes shape based on reasoning which is other matter than can be subject to challenge further it is again associated concern that one party may not even have money left to challenge it and finally the question of stubbornness is also coming out of these discussions. Hence verity of factors are there behind your one sentence which can't be opined in summary fashion!

7.    Remaining un-marriedlive in and all those is not going to happen in Indian society for a simple reason it did not happen in Industrialised society so for Asian countries who given to understand in 4-5 decades will remodel to same will not be the case going to happen here too.
Illustration: Urban dwellings near ITES sector have majority of live-in couples and highly commercial mega cities such as Mumbai have adultery as well as live-in as way of progressive life to showcause to rest of India. Mind it the highest alimony paid cases which some of you placed here for review are also beign reported from these upwardly mobile urban centers FC's so if you cannot stop them voluntarily seeking their freedom then no point discussing it and casting remark on Judiciary that judiciary is allowing it. Why Judiciary will not allow if a husband wants his freedom by meeting 1 Cr Alimony or for that matter paying 80 K as per month maint.? What is wrong from such husband point of view here! Nothing, except you are not able to do it nor your wife has come to discussion table thus you have agitation and want whole Law to change whereas where is law coming into picture is mute point that I am making here.
   

8.    Mind it today Judiciary is helping those couples who bring ‘solution to table’ as job of Judiciary is to decide plaints / suit matters on ‘equity’ principles and look into that ‘justice is done’ and meaning of former may differ from readers to readers for that we will discuss once again here.

 

·         Some weeks back I reasoned here pay Rs. 100/- for the agriculture labor that a rural woman does and placed some micro stats., to which, almost all of you urban educated now facing family law pressures laughed at me and made fun of ‘subsidised lunch’ illustration which I talked there etal. Whereas I had the last laugh reading all your postings because I knew today as in, in these very nature of discussions you will ‘demand’ for ‘equality’ that also raising it from urban India whereas ‘equality’ is a progressive universal concept which starts from grass root level and not piled down from urban society to rural population vis-à-vis when same is challenged before a Court of Law then principles of ‘equity’ comes which is what you people donot have iota of understanding thus crib about it.
‘Policies’ are not made by Judiciary, you are demanding policy change that also from Judiciary, it is handy work of Parliament whose elective representatives you have elected post your education and for all these social catching-up one need not have to know Family laws Chapter, Verse, Sections, Amendments etc.!.
[You / Your = generic used in this para too.]
Illustration:
Your mother is educated, old, all along she was housewife and may even have some medical needs currently. Did you as a son ever pay her Rs. 100 per day from your own earnings for all those un-accounted labor she did for you post you turned 18 years OR when you started working whichever was later? Obviously Law is there to seek maintenance from Son as well as DIL provided your father is incapable vis-à-vis Senior Citizen Maintenance Act is recent one. The prudent discussion I am leading you into is that will you tell your mother to go and have some self respect!!!. Your own article differentiates in which Section of the Act / Code alimony is gender neutral whereas; flip above curt illustration, the moment your wife who is also educated, young, all along she was housewife and may even have some medical needs currently raises question of her maintenance you ask her to have some self respect say in a situation where MCD was done?. Such mindset defies conventional social logics.  

Question here even if Law points or for your understanding social customs - duties – rights etc. etc. taken into consideration why talk here of industrial change in various Laws when come here with feudal mindset?  

Hence pay your old housewife mother first Rs. 100/- then talk of rights – duties of MCDyed wife under various Alimony Laws of the land and carry forward the discussion why Husband only has to pay alimony.
[You / Your = generic used in this illustration para too.]


The fundamental point I placed here on discussion board is that if a male person from urban India is facing family laws cases then first and only thing he should do is to get his cases solved via to the point legal discussions bringing on board his brief(s) and thus reclaim his youthful life and try to reclaim his lost productive years too. Then if it interests him probably graduate and give suggestions - attempt complex family law discussions at public legal portals.
Reasoning is that unless a urban man is free of his social burden which feudal society casts upon him he will always have biased views on similar contentious issues.
Illustration: Pick up profiles of members of THE now famous NGO who have certain influence upon most of your members here in LCI public conducts, most of them had settled their cases by meeting / paying alimony to their wife and the highest one member recently paid (if I recollect correctly then) is 50 L (mind it no child of parties born) to his wife.
Flip this highest settlement amount whose special knowledge we have, the highest an NGO member on account of settlement is 12 L (again mind it no child of parties born) got from his wife. Persons whose cases are still going on are the once who could not come to settlement table or induced their wives to come for settlement and there is no ‘middle path’ that I am aware of has happened in history of various influencing NGO of men’s rights in Indian context. Show me one, I will pull back this curt public illustration and with this statement I more or less subscribe to ‘financial wizardry path’ in family law cases.  
So where is much hyped “equality” and ‘Manusmriti’ oh members; it all boils down to ‘equity’ only at the end of your journey through this dark tunnel and to achieve it the shelf life is 5-6 years.

Now make the wise decision for your own self survival during hinted 5-6 years.
[You / Your = generic used in parting para too.]


(Guest)

You made a good post about Fedual/Industrial and Rural/Urban divide...But your estimates of 4-5 decades is way off in my view...Society is changing fast due to internet/mobile/television which is available even in the remotest areas...Divorce laws have to be amended in the next 10 years just to keep atleast 10 feet behind societal change...Would you agree that despite laws being the same,judgements have become more liberal nowadays compared to 10 years ago?

1 Like

Tajobsindia (Senior Partner )     08 April 2013

@ Red

I agree on liberal approach but I do not agree on conservative put 10 years time frame. Family Law matters are not pure Human Rights matters that unlike recent Arab uprising overnight Tweeter / Facebook revolution would could come in India and Family Laws will change for a reason I know nearly 500 million Indians have access / subscribe to social media?

Ask same 500 millions how many of the either gender suffering under Family laws!
Illustration:
Drawing such parallel refer sad part in respect to Hon'ble Min. Mr. Shinde his own daughter's MCD appeal whcih is still pending in Hon'ble SC and he is in helms of core affairs from what, last 2-3 years, so was he able to achieve justice for his own daughter where he has added advantage of heading Min. of Home as well as access to solid T2 -512 encryption broadband SSL lines and his Min. makes 'policies'?

1 Like

ashoksrivastava (scientist)     08 April 2013

@ helping hand I agree with your observations that"Things will remain the same untill ammendments are made to existing gender biased laws". The final nail in the coffin of husbands was driven by honble SC in rohtas singh vs ramendri devi case in 2000.

where it was ruled that husband is bound to pay maint to his divorced wife under crpc125 till her remarriage in case she is not able to support herself even if husband has obtained divorce on ground of desertion. This judgement can lead to absurd anomalies. Consider a husband of moderate income whose wife deserts him without reasonable cause. He approaches court to get divorce on grounds of desertion so that he may find another life partner who will love him. court gracefully grants him divorce. But to his horror he discovers that another court has granted his divorced wife maint. under crpc125. If by god's grace he finds a suitable partner he can not marry her even after divorce AS HE IS NOT FINANCIALLY CAPABLE OF MAINTAINING TWO WIVES. his ex was neither willing to live with him. nor is willing to let him live by ,begging( read legally extorting under crpc125) .

This wife is rewarded for her unwillingness to perform her duties as well as her unwillingness to earn her livelihood through respectable means. In name of social policy of legislation to help so called weaker gender .

Our judicial system is openly violating principles of natural justice. this is nothing but TRAVESTY OF JUSTICE. regards ASHOK

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     10 April 2013

"It should not come as a surprise when boys will refrain themselves from getting married, and plan for other options like livin relationship, turning into gays.  And same may apply for women too."

 

Dear Hepling hand, 

Even Live-in Relationship is covered for alimony, under DV ACT, 

So man is at mercy of woman 

Law Protect woman. 

Law do not consider how woman maintain herself till her age fof 30 years with parents:

Once married , for ceremony of an hour, Houband is bound, entire family can go behaind bar under 498A, continue paying Lifetime for her residence, food, mtn, , Even if she prefer to live separate!! Even if she do not perform her duties as Wife, She is entitled to full food, shelter, & Everything. 

She has all Rights without any duty.

Man has all Liability, without Right. + suffer lonely life!!

It is one sided COIN, A GOLD COIN FOR WOMAN,  all in striudhan, who give is immaterial, IMMEDIATELY RECD ON MARRIAGE. 

 

 

3 Like

(Guest)

^^^


Right-Sir.  So very right.  That leaves men with only one option, mastrubation :-))

2 Like

stanley (Freedom)     10 April 2013

Originally posted by : V R SHROFF

"It should not come as a surprise when boys will refrain themselves from getting married, and plan for other options like livin relationship, turning into gays.  And same may apply for women too."

 

Dear Hepling hand, 

Even Live-in Relationship is covered for alimony, under DV ACT, 

So man is at mercy of woman 

Law Protect woman. 

Law do not consider how woman maintain herself till her age fof 30 years with parents:

Once married , for ceremony of an hour, Houband is bound, entire family can go behaind bar under 498A, continue paying Lifetime for her residence, food, mtn, , Even if she prefer to live separate!! Even if she do not perform her duties as Wife, She is entitled to full food, shelter, & Everything. 

She has all Rights without any duty.

Man has all Liability, without Right. + suffer lonely life!!

It is one sided COIN, A GOLD COIN FOR WOMAN,  all in striudhan, who give is immaterial, IMMEDIATELY RECD ON MARRIAGE. 

 

 

thats a bull's eye right on target 

Tajobsindia (Senior Partner )     10 April 2013

1.    When ld. lawyers could not give answer to your questions and yet you ask same question to Ld. lawyers then why not graduate to Hon’ble SC and test your question there?

2.    BTW SC has already said why; it is embeded in Art. 14 COI whereas Art. 15 COI obstructs it, but still try out the same question first hand again.

Pointer:-
People are submitting desertion (nevertheless I appreciate their such efforts) for their LLM with topic “S. 498a IPC should it be repealed?” whereas in my view all such people should be doing desertion for their LLM (if it interests them for the cause) with topic “Art. 15 COI a case for its repeal”.
Reasoning:
S. 498a IPC is about individual / individual cases whereas Art. 15 COI is about cause of concern for larger public interests where all individual / individual cases such as S. 498a IPC to Alimony also gets automatically covered if desertion done on Art. 15 COI; Policies (are made by Legislatures) which are based on larger public interests and unless larger public interest showcaused policies donot change / see amendments / gets repealed. S. 498a IPC is not considered larger public interest concern and it is restricted to % of cases under Family laws hai ki nahi
J


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