ALIMONY RIGHTS IN INDIA

‘Alimony is a system where two people commit a mistake and one continues to pay for it’
Divorce is a excruciating full stop to a relationship tied for lifetime. The way to come out of a
violent and non-functional marriage is through divorce. It is a legal way to end the relationship.
The foremost right in divorce and matrimonial laws is the right to receive and secure oneself with
the alimony amount.

Origin of alimony is from the word ‘Alimonia’-meaning sustenance.

What is alimony?

 It is a monetary compensation by the stronger partner.

 It is a monetary aid provided to financially weaker spouse to maintain his/her standard of
living.
Alimony depends upon law of land. The general perception is that who starts the proceedings ends
up paying . In the Indian society the wife is considered as the home maker. The female population
never roved out from cosy comforts of the home to earn for living. ‘Maintenance’ is synonymous
with weaker sex.
The factors taken into consideration while granting of alimony are:-
a)Status of parties
b)Time of marriage
c)financial resources
d) professional capacity
e)standard of living.
The Authorization- Usually it is the female as under Hindu law it is an obligation by the husband
to maintain her wife. The most important aspect of maintenance is that the party which relies on
maintenance has no independent source of income to support himself/herself
Who has the right to alimony?
 The wife-
 Under section 24 of Hindu Marriage Act,1955 the spouse can ask for maintenance.
 Under section 18 of Hindu Adoptions And Maintenance Act.1956 wife can claim
maintenance from husband even if she is living separately.
 Domestic violence Act, 2005 for relief and order to live at matrimonial house(father-in
laws home), you can also claim for return of all items given to you during marriage and also
for compensation and damages for the mental cruelty suffered by you and court has power
to appoint one protection officer, who will keep check and report court during your stay at
father in laws home. This law applies to all irrespective of religion or caste.
 Muslim Women (protection of rights)on Divorce Act,1986 allows the woman to have
right to receive dower from her husband.
 Special Marriage Act,1955 Only women have right to claim maintenance from husband.
 Section 125 Crpc the dependant spouse have the complete right to acquire basic alimony.
 Indian Divorce Act,1869- Section 37 women have the right to maintenance.
 Parsi Marriage and Divorce Act,1936- Section 40 of the act the spose can claim
maintenance from other.
  The husband-
 Under section 24 of Hindu Marriage Act,1955 the spouse can ask for maintenance.
 Section 125 Crpc the dependant spouse have the complete right to acquire basic
alimony
 Parsi Marriage and Divorce Act,1936- Section 40 of the act the spose can claim
maintenance from other.
What is the amount of Maintenance?
The court decides the actual amount to be paid as alimony according to factors mentioned above.
Latest Judgement of April 2017
The Supreme Court, in Kalyan Dey Chowdhury vs Rita Dey Chowdhury, has upheld a Calcutta
High Court observation, which by relying on a judgment of the apex court, had held that 25 per
cent of the husband’s net salary would be just and proper.
Thus,
‘Alimony is like buying hay which is given to a dead horse’. Its like amputation you survive
but there is less of you.