Merriam-Webster defines “Divorce” as an act to legally dissolve one’s marriage with their spouse. [1] In India, a matter of divorce is a long-winded and very costly matter for the couples. The couples who mutually want to give divorce must prove that they have been separated from each other at least a year before, then only the court will consider the petition filed for the divorce. Either of the partners in a relationship (marriage) can give legal notice to their partner, for divorce before ending their marriage. In the Indian context, divorce matters are governed by religious or personal laws such as The Hindu Marriage Act, 1955 for Hindus, The Dissolution of Muslim Marriages Act, 1939 for Muslims, The Parsi Marriage and Divorce Act, 1936 for Parsi and Christians by the Indian Divorce Act, 1869 whereas all civil and inter-community marriages are related to The Special Marriage Act, 1956. There are various different types of petitions under which divorce can be filed legally.
At the time of solemnization of marriage, the obligation is made for both the individuals (partners/spouses) to support each other. Thus, this process does not merely end with the divorce which may take place later on after the marriage at any particular period of time. So, during the process of divorce, a legal obligation is made upon the spouse to provide financial support to their partner after the divorce, this is known as “Alimony” or “Maintenance” which comes under Divorce Maintenance Rules in India. The only difference between maintenance and alimony is while the process of divorce is underway in the court, the money which is given from one spouse (usually husbands in India) to another is known as Maintenance. From the time when two are legally separated (divorced), the money paid (to the wife) is known as alimony. According to CrPC i.e. The Code of Criminal Procedure 1973, the right of maintenance is regarding any person who is economically dependent on the marriage which includes the spouse, the children and parents too. As different marriages are governed by different personal or religious laws, the grounds of seeking divorce as well as the alimony varies accordingly. The Alimony Calculator in India is nothing but the amount which is fixed to be paid during or after the divorce to the partner involved in marriage. In India, the Supreme Court decides upon the alimony. Usually, the husband has to maintain his wife until her lifetime or till the time she gets remarried to some other person. If in the case due to uncertain reasons the husband can’t pay the alimony, he can file a petition in the court for seeking a remedy. If in case, after the court orders the husband to pay alimony and he doesn’t comply with the orders, the wife can seek justice with the help of her lawyer and file a plea in the court.
In India we have different types of “Divorce Alimony” such as Permanent Divorce Alimony which is given for an indefinite period of time or until there’s some major change of situation., Term Divorce Alimony is paid for a particular period of time., Reimbursement Alimony is the one in which a spouse, for the time being, provides money to the other spouse who acquired an important certification or degree, with the expectation of sharing the benefits of that degree once it is completed. and Rehabilitative Divorce Alimony is the same as that of Term Divorce Alimony because it is also paid for a certain period of time.
While deciding the Alimony by the Court’s, various factors are taken into consideration. Some of them are as follows –
The income of the spouse, how genuinely the alimony is needed? the ability of the spouse to pay the alimony? What were the duration of the marriage and the standard of living of both the partners in the marriage? the health factor of both the partners, the responsibilities of the children in terms of education, proper distribution of property or assets, expenses related to household, utilities, medical, insurance, entertainment, holiday and any other aspects that are deemed by the court according to the case.
The Supreme Court of India in one of its landmark judgments has set a benchmark for maintenance to be paid by a husband to his estranged wife, stating that 25% of the net salary of the husband might constitute a “just and proper” amount as alimony. However, a hard and fast rule to alimony calculator has not been defined under any Indian law, neither is it possible as it depends on the facts and circumstances of each case.[2]
[1] Merriam-Webster.com Dictionary, “Divorce” , Accessed on 7th June, 2020, https://www.merriam-webster.com/dictionary/divorce .
[2] LawRato, Alimony Calculator: How to Calculate Alimony/Maintenance in India, 02nd Nov, 2019, Accessed on 8th June, 2020, https://lawrato.com/indian-kanoon/divorce-law/alimony-calculator-how-to-calculate-alimonymaintenance-in-india-2686 .
This Article is Authored by Anushita Dubey, Second Year B.A LL.B Student at Marathwada Mitra Mandal’s Shankarrao Chavan Law College, Pune.
Also Read – How to Avoid Alimony?
