Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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What is indian law on alimony?

Page no : 2

Tajobsindia (Senior Partner )     12 April 2013

1. The crux of your argument is that indefinite maintenance can be awarded only to a spouse who is “permanently unable to be self-sustaining.

 

2. The principal flaw in your argument before me is your failure to define “self-sustaining” by reference to any standard of living in reference to Asian cultures.

 

Reasoning:

Marital standard of living has long been listed by our legislature among the factors pertinent to the duration and amount of spousal maintenance. For this reason such factors as 'length of the marriage', 'the receiving spouse’s contributions to the education' and 'earning capacity of the paying spouse', and the 'receiving spouse’s reduction in income' or 'career opportunities' for the benefit of the 'family home (being housewife)' and 'children' bear heavily on the trial court’s effort to establish an "equitable" award.


An maintenance award (alimony) until death or remarriage is a prediction by the trial Court that one spouse will never be able to independently approximate the standard of living established during marriage and that the other spouse will remain financially able to contribute to the first spouse’s support. When, in most cases of S/W engineers or spouse using logics before us that finding is supported by the evidence I find no "inequity" in placing the burden on the paying spouse to later prove that a substantial and continuing “change of circumstances” has occurred  thus alimony as equitable award is understood from angle of case-to-case basis:-)

 

 

 

 

Tajobsindia (Senior Partner )     12 April 2013

Quick observation (I have time till 24 HRS. to expand; it means unless @ Mr. Manish Udar forces Admin / Mods to deprive me of my rights to modify my own postingsJ)

1.    Actually CrPC 125 (1)(a) is unconstitutional as per Article 15(1) for Hindus.

2.    I am aware I had some of the best interactions with S/W engrs., hence not typecasting them as made out, infact such is my way to shower their contribution to push such envelops little further - little further - still little further; for want of better wordings .…
Reasoning: I am qualified trained product from those golden Telex Age phase now pitted against ~ competing with smartphone age children of the Nation
J

I will catch up – edit above two paras and rebut what I have to say to your moot points sometime before my 24 hrs. comes to an end if not then take it as if I somehow appreciated your view points.

ashoksrivastava (scientist)     12 April 2013

"Quick observation (I have time till 24 HRS. to expand; it means unless @ Mr. Manish Udar forces Admin / Mods to deprive me of my rights to modify my own postingsJ)" TAJOBS SIR ITS NOT 1ST APRIL TODAY REGARDS ASHOK

(Guest)

What is indian law for jobless guy having no source of income and still need to pay alimony?


(Guest)

Hi

@Need Justice,

No I just asked that question in general as it was relavant in this discussion thread.

Also I hope another point to be brought into light in this thread..

 

According to Hindu Sucession act,  Wife have equal rights on there parental/ ancestral property on their parent's side. Why cant court ask to take their property share a/c to Hindu Succession Act instead of asking husband to pay maintanance for shelter or may be probably for food?

 

I hope this is relavant in this thread.

Satya (Sienor Analyst)     26 August 2013

If the life is lab with perfect equilibrium then above said could be true, where we say women and men are equal. Are they really? Maybe contrived than practised.

vaishak   24 July 2015

may i ask how is it reasonable ,when an earning wife asks for maintanence from the husband it is most likely granted when both of them equally consented the divorce petition?

If the income of the husband is his own making and has no help from the wife ,how can the court support an alimony claim by the wife by reasoning  "being on the premise that the wife is entitled to live as per the standard and status of her husband."?

Isnt the husband's earnings be his own?

And how is that ,a man can claim alimony only if he is bent out of shape or injured or other causes unable to work but the wife has the alimony even when shes earning reasoning with status quo.This facilitation seems totally unfair.

Also the fact that mistress or concubine cant ask for maintainence from the husband is totally unjust.Most cases the mistress is unaware of husbands prior marital commitments and hence as gulliable as her children.

 


(Guest)

Alimony word should not be restricted to mearely maintenance.

Beacuse it is not only the soft assets and incomes that are involved but immovable property.

Hindu succession actis faulty and archaic. If a man takes divorce and not a woman and vice a versa the other party should have right to claim part from the property

 

This question is already addressed in Indian succession Act but not in Hindu succession act why? DDA hjas already this rule of joint allotment.

This is grossly unfair to women. I know many caes where husbands family has got together and slowly tortured, assulted and caused cruelty to xpel woman from house  and then just pay a few thousand rupees as maintenence.

We should immediately enact alw and amend Hindus succession act for 50% share of class 1 heirs and only remaining 50% to be distributed if any will exists in nam eof other persons.

It is time government and our psuedo intellectual reformists wake up. Stop only talking on forums to show your philosophical calibres and fleuency. What is on ground? Women even educated , and employed get klicked and cursed in every 3rd Indian home be it Hindu or muslim or others. So make unified civil law for all family related matters and property sharing. Many women have been killed or thrown out by others to corner entire property of her husband or ancestors.


(Guest)

I am shocked at male cahucanism reflected by various participants.Females are by nature under pressure and have to co mpromise a lot. They cook, theu bearchildren and also work outside the home. Their combined work far exceeds the role and work of husband. Despite this they areill treated in most home sof world ,specially in caste ridden and corrupt communities living in India or pakistan. All relion men ill treat women. She has equal right to own property. It is not only maintenence for living but also must have a roof on her head. Let us facereality.Most males areplygamous by nature and if law were not there, majority of men would be sleeping with other and many women. Men have toi shed their male ego and self assumed superirotiy and Pati dev and swami mentality and respect and give due right to lakshmi. All the discussins above are unfotunate. WE strongly recommend that woman and children i.e. class1 heir should automatically get 50% of all movable anbd imovabl;e property of Male partnber/husband after his death and rest 50% can be willed. If intestate ofcourse 100% will go to wlady and her children if any.Amend Hindu succession act immediately. Law of alimony should be amended and adequate compensation to woamn on divorce/death of sposue should be made available and immediately.

I walk alone (Asst Manager)     18 September 2015

Due respect to Dr. Rajendra,

When you're speaking about incidents of expelling women from her husband's home, you should also look into the situations where Husband are being harrased even for a small discord in between, isnt that fair? How much more gender biasness you need in our society? 

"Emplyed women get kicked at every 3rd home" thats grossly 33% of the population. so what about the rest 67% of the populations? where husbands and his family members get tortured? & to cream the cake, they also have legal acts to support. this is insane...purely insane..!

I hope you would also like to ammend a law, whereas even after order of Alimony, if the husband doesnt have the money to pay, he could sell his organs to support the alimony ordered. if not, pls do that immidiately?

Dr. Rajendra, with due respect, you have lived your life, dont burden the next generations with your principles or gyans! We dont need any...we just seek equality is justice, WHICH IS CLEARLY NOT PRESENT IN ANY OF THE FAMILY LAW.....and you're not the sufferer here, we are the one... who just come in this/other forum so that we can get updated about our wishes...so pls do not put forward any suggestion which make us think " A CURSE OF BEING A MALE TO BE BORN IN INDIA or rather A NIGHTMARE TO DECIDE TO MARRY"

Nothing's personal here..., but your suggestions are quitely a point of disappointement.


(Guest)

I am sorry to hear about pain of male members of society. But I myself is also male and I have also been harassed by my wife at one point of time in past. So what? WE cannot sacrifice the rural,poor,illiterate and common women living in Indian society just beacsue 5-10% educated urban women misuse law.It is balance of convenience as we call in law. How males are, you know I know and every one knows. Women even in USA are not free and liberated. You talk of Indian laws. Does out justice system work here? Decades and yearsafter years the men and women both take rounds of courts. This is HARD reality. Kindly have loo at laws in other coutnries what one has to loose on divorce. That would console you. Our laws are still soft. And beauty is they dont work . So most wrong doers escape in India.Let us not be partially blind to see what we want to see and hear..No offenses intended please.


(Guest)
Originally posted by : Dr Rajendra K Gupta
I am sorry to hear about pain of male members of society. But I myself is also male and I have also been harassed by my wife at one point of time in past. So what? WE cannot sacrifice the rural,poor,illiterate and common women living in Indian society just beacsue 5-10% educated urban women misuse law.It is balance of convenience as we call in law. How males are, you know I know and every one knows. Women even in USA are not free and liberated. You talk of Indian laws. Does out justice system work here? Decades and yearsafter years the men and women both take rounds of courts. This is HARD reality. Kindly have loo at laws in other coutnries what one has to loose on divorce. That would console you. Our laws are still soft. And beauty is they dont work . So most wrong doers escape in India.Let us not be partially blind to see what we want to see and hear..No offenses intended please.


Like this the only way out for the Indian Husband is to find loop holes in law and play hide and seek.  For those who sympathise with women, I would like to say only one thing, wearer knows where the shoe bites and how!

Satish Mishra   20 March 2017

Alimony under HMA can be given to both husband and wife but it is very rare to see former being awarded with it. In most unsual circumstances where girl is strong enough and financially sound to take care of her husband is awared alimony else not.

Going with how nature builds an individual, females usually get the alimony/maintenance amount to take care of her future and start a new life . Further child responsibilites will burden her and thats why she is considered to take care of kids expecially girls below five till fifteen. 

But we have seen on numerous occasions , some females exploiting this reason and getting undue benefit of law. Due to this even genuine case have to face the wrath of courts and remain desertive of the justice.

Usually, contested cases are much comples in terms of alimony whereas mutual divorce is the best way to get separated. One must plan for the future while planning for a divorce and it is better always to settle these terms and conditions mutually before applying to courts. As we all know time is money and if you can save time, you'll be rich by default.

kamini   01 June 2017

i would think man and woman should not depend on each other. only if they have kids both should give money to kids...

kamini   01 June 2017

I would not think man and woman should depend on each other in marriage or divorce.only if they have kids and are separating then yes they must contribute financially and lovingly for benefit of kids....

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