The terms maintenance or alimony are used interchangeably. It refers to the amount one spouse pays to another post-divorce so the spouse can sustain themselves. There are two types of Maintenance and Alimony: Interim Maintenance - This is also called temporary maintenance or maintenance of pendente lite. The interim maintenance is usually granted to the dependent spouse or child. This temporary financial support helps the individual to go through the proceedings. Section 24 of the Hindu Marriage Act, of 1955 deals with interim maintenance. Furthermore, the provision of temporary maintenance is also mentioned in Section 144 of BNSS and Section 125 of CrPc. Permanent Maintenance - This type refers to the long-term financial support provided to the dependent spouse post-divorce. The permanent maintenance and alimony ensure stability for the dependent spouse. The court analyses factors like income disparity, lifestyle during the marriage tenure, and other future needs that are considered while providing maintenance. Moreover, this could be a time payment or a recurring support; in the end, the main aim is to prevent financial hardships and promote equality among the spouses.
Section 25 of the Hindu Marriage Act, 1955, refers to maintenance and alimony. The court can order the spouse to pay the dependent spouse a sum to maintain and sustain their post-divorce lifestyle.
As per Section 18(2) of the Hindu Adoption and Maintenance Act, 1956, a woman born Hindu is entitled to get maintenance by her husband throughout her lifetime. The act also provides that the wife has the right to separate the house and maintain it according to the provision of this act.
Under the Muslim Women (Protection of Rights on Divorce) Act, the wife is entitled to get maintenance and alimony from her husband. The wife must maintain the amount Mehr agreed at the time of Nikah between both parties. Furthermore, the wife is also entitled to a reasonable amount during her iddat period.
The Parsi Marriage and Divorce Act of 1936 provides the right to maintenance and alimony to Parsi women in India. Before granting maintenance and alimony, the court considers factors such as the husband’s earnings, property, and other assets.
Section 37 of the right to maintenance and alimony for Christian women. The wife can apply for maintenance and alimony to sustain their life after divorce. However, before providing the maintenance, the court considers all necessary factors like the husband’s income, assets, etc.
If you need more clarity on the provisions related to Maintenance and Alimony, explore these FAQs to find your answers. We are here for you
The dependent spouse is the one eligible for the maintenance and alimony. Usually, wives are granted maintenance and alimony, however, the husbands are also entitled to maintenance from their wives. Factors like age, health, income and the duration of the marriage are taken into consideration while providing maintenance.
Yes, the maintenance and alimony order can be amended or even terminated. Circumstances such as change in income of either spouse, remarriage or cohabitation of the spouse receiving maintenance, and change in the needs of the dependent spouse.
The spouse wanting the maintenance must file a petition in the appropriate court. Further, the other spouse will be served with a notice. After this, both parties will have the opportunity to present their case and the evidence. In the end, the court will decide on the amount of maintenance and alimony to be paid. For more information, you can always contact Unsaathi - Your divorce ally, and get guidance from experts.
Yes, in special cases a man can claim maintenance from his wife. This usually happens in situations where the husband is either dependent on the wife or the wife's income more. Recently, the Bombay High Court ordered the wife to pay maintenance to her ex-husband.
If the spouse is liable to pay maintenance and alimony fails to be paid, consequences like attachment of property, garnishment of wages and can even lead to imprisonment in extreme cases.
Desertion: When one spouse leaves the other without explanation. Cruelty: When one spouse imposes mental or physical cruelty on the other. This is also known as domestic violence. Adultery: When one spouse commits extramarital affairs. Imprisonment: When one spouse is imprisoned for a considerable duration. Insanity: When one spouse is declared mentally unfit. Other grounds include carelessness, refusal to cohabit, and conversion to another religion.