Introduction :

Alimony and maintenance are important aspects of Indian family law that are aimed to provide financial support to spouses and dependent children following divorce or dissolution. Alimony and maintenance laws involve laws that differ under purview of personal laws in India, eligibility criteria, and factors determining the amount awarded.This knowledge can empower them to make informed decisions and navigate the complexities of seeking or providing financial support after a marriage breakdown and family complexities.

Alimony : Alimony is the financial assistance that one spouse is legally obligated to pay to the other after a divorce or legal separation.Alimony is intended to assist the ex-spouse in maintaining an acceptable standard of life comparable to what they enjoyed during the marriage. Paid by the financially stronger spouse , alimony is taxable in India.

Consequential grounds for awarding alimony under Indian Laws :

Both spouses' earnings and income
Duration of the marriage
Age and overall condition of both spouses
The lifestyle that resulted from the marriage
Money requirements and obligations of both spouses
Any additional pertinent elements

The laws governing alimony in India varies according to the personal laws :

Alimony under Hindu Law :

According to the Hindu Marriage Act of 1955, both the wife and husband are entitled to maintenance from the other spouse based on variables such as income, employment status, assets, and liabilities. In India, alimony standards are based on mutual understanding, but in contested divorces, the court makes a case-by-case decision. The wife may also seek maintenance under Section 18 of the Hindu Adoptions and Maintenance Act of 1956 for reasons such as abandonment, conversion, having another wife, leprosy, cruelty, having a concubine, or other causes for separation. According to Section 23 of the Act, the court has the power to grant maintenance and the amount. Only the wife can claim divorce alimony under the Special Marriage Act of 1954.

Alimony under Christian Law :

The Indian Divorce Act of 1869 establishes alimony for Christian law that covers the support of a separated woman. Sections 36, 37, and 38 offer financial support to the wife while judicial actions are pending. Section 36 discusses expenses and alimony vs. maintenance, whereas Section 37 discusses permanent alimony vs. maintenance. If the husband is unable to pay a weekly or monthly sum for financial assistance, the court may temporarily suspend the order. Section 38 establishes the requirements for alimony payment, ensuring that it is paid on time and in full.

Alimony under Muslim Law :

The Muslim Women (Protection of Rights on Divorce) Act, 1986 provides provisions for maintenance and alimony after a divorce. The wife is entitled to a reasonable and fair amount during the iddat period, equal to the dowry agreed upon during marriage, and a title to property. Separating wives can claim maintenance if they cannot maintain themselves after the iddat period or cannot support their children. If no one pays the maintenance, the magistrate orders the State Wakf Board to pay it.

Alimony under Parsi Law :

Section 40 of the Parsi Marriage and Divorce Act of 1988 empowers courts to require defendants to pay the plaintiff permanent alimony and maintenance. When awarding these

payments, the court analyzes the conduct of the parties as well as the merits of each case. Furthermore, Section 125 of the Criminal Procedure Code of 1973 applies to members of all religions, providing a safety for those who may be unable to get support under the religious norms of their community. In marriage and divorce disputes, this assures social justice and fairness.

Maintenance :

Maintenance is a principle that allows a spouse to obtain financial support after divorce. It entails taking into account elements such as the couple's monthly income and financial situation. When granting maintenance, the court also examines the maintenance of children, as maintenance is linked to divorce.

Maintenance under Hindu Law :

The Hindu Adoption and Maintenance Act permits Hindu couples to receive support under the Hindu Marriage Act. When it comes to maintenance amounts, the court is the final arbiter. Section 24 provides for pendente lite support and costs for both husband and wife, while Section 25 provides for lifetime support for low-income men and wives. The Delhi High Court has ruled that spouses who do not earn a living can seek support after divorce.Section 13B of the Hindu Marriage Act of 1955 addresses the process of divorce with mutual consent. It offers a less contentious method for spouses who jointly agree to end their marriage. Hindu Adoption and Maintenance Act, 1956 (HAMA) ,

Section 18, clearly addresses instances in which the husband is unable to maintain himself.

Maintenance under Muslim Law :

NAFAQA is a Muslim legislation that requires males to provide for their women and families, which includes accommodation, food, and sustenance. The Muslim Women (Protection of Rights on Divorce) Act of 1986 governs this. Within the authorized IDDAT period, a wife can demand a fair amount from her ex-husband, whereas Muslim men must provide the promised Dower or Meher. Pregnant women can claim maintenance for at least two years after childbirth, and if the wife has custody of the child, they can claim support until remarriage. The spouse pays special allowances such as kharch-e-pandan, guzara, and mewa khore etc.

Maintenance under Christian Law :

The Indian Divorce Act , 1869 applies to claims filed by Christian spouses; according to the Act, the amount of support cannot exceed one-fifth of the husband's salary. If a woman remarries or is proven to be chaste, she will not receive maintenance.There is no legal limit to Christian women claiming maintenance from their spouse through criminal or civil proceedings. If a divorced Christian wife is unable to support herself after the divorce, she may seek alimony/maintenance under Section 37 of the Indian Divorce Act of 1869. Similar to Parsi law, the Act governs maintenance rights for Christians and applies the same considerations to both pendente lite and permanent

maintenance.The provisions of THE INDIAN DIVORCE ACT, 1869 are reproduced above under part IX - sections 36-38.

Maintenance under Parsi Law :

There is no legal impediment for Parsi couples to seek maintenance from their spouse through criminal or civil processes. In criminal procedures, the religion of the parties is irrelevant. If the husband refuses to pay maintenance, the wife may file a complaint with the court, which may sentence him to prison unless he complies. The woman has the right to support under the Parsi Marriage and Divorce Act of 1936, which includes pendente lite and permanent alimony. The amount of permanent maintenance is determined by the court after evaluating the husband's ability to pay, the wife's assets, and the parties' behavior. The edict is still in effect as long as the woman is chaste and unmarried.

DENYING OF ALIMONY :

Adultery/Infidelity- The husband may refuse to pay the alimony , if the wife is accused of infidelity.

Remarriage - The husband can request for the denial of the alimony , when the wife gets remarried.

Well-Earning- If the wife's income is much higher than the husband's, the alimony agreement can be waived.However, the

court has the last say.In some situations, the wife may be ordered to pay alimony by the court.

PERMANENT MAINTENANCE AND ALIMONY :

Section 37 of the Special Marriage Act , 1954 speaks of the permanent maintenance and alimony :

Section 37 in The Special Marriage Act, 1954

37. Permanent alimony and maintenance.—

Any court exercising jurisdiction under Chapter V or Chapter

VI may, at the time of passing any decree or at any time subsequent to the decree, on application made to it for the purpose, order that the husband shall secure to the wife for her maintenance and support, if necessary, by a charge on the husband’s property such gross sum or such monthly or periodical payment of money for a term not exceeding her life, as, having regard to her own property, if any, her husband’s property and ability 1[the conduct of the parties and other circumstances of the case], it may seem to the court to be just.

If the district court is satisfied that there is a change in the circumstances of either party at any time after it has made an order under sub-section (1), it may, at the instance of either party, vary, modify or rescind any such order in such manner as it may seem to the court to be just.¹

¹ id at 14

If the district court is satisfied that the wife in whose favour an order has been made under this section has re-married or is not leading a chaste life, 2[it may, at the instance of the husband vary, modify or rescind any such order and in such manner as the court may deem just.]

Conclusion :

Alimony and maintenance are important legal notions in India because they ensure financial security and well-being for spouses and children after a divorce. However, concerns such as prolonged legal proceedings, enforcement issues, and a lack of knowledge continue. Streamlining legal procedures, bolstering enforcement mechanisms, and raising public knowledge are critical steps towards a more efficient and equitable system. These ideas provide financial assistance and self-sufficiency, which contributes to the general well-being of individuals and children at this difficult time.

Cited Sources :

Christian marriage and divorce act, 1957 - India code. Available at: https://www.indiacode.nic.in/bitstream/123456789/3965/1/Christian_Marri age_and_Divorce_Act_1957.pdf (Accessed: 07 December 2023).