Alimony Laws in Mutual Divorce

Last Updated at: November 04, 2019
7743
Alimony laws in mutual divorce

Consent acts a important role in all the stages of marriage from free consent given to the partners to start the relationship as spouses to mutual consent to seperate as strangers. The mutual consent for the divorce does the process easier for legal seperation. Particularly in India, mutual divorces are the most easiest, fastest and cheapest way of getting divorced.

Consent plays a vital role in almost all stages of marriage, from the free consent given by the partners to begin their relationship as spouses to the mutual consent given for separating as strangers. The mutual consent for divorce makes the process of getting legal separation much easier than any other ground for divorce. In India, particularly, mutual divorces are the most fastest, easiest and cheapest mode of getting divorced.

Browse the articles below for more free information and guidance on government registrations, tax, compliance, patent filing process and more.

The maintenance or alimony given to the wife by the husband or vice versa, as per the situation, is one of the major benefits of divorce. It can be any amount fixed by the partner requesting maintenance and accepted by the other spouse. Maintenance is, in general, the money given to the dependant spouse by the earning partner to maintain them after the divorce. No law mandates that the husband has to provide alimony to the wife, it can also be the other way round if needed. The courts do not interfere in the alimony fixed by the couple under mutual understanding and also gives the couple the freedom to walk out of the marriage without maintenance under mutual agreement. However, the assessment of the amount declared by the spouse is the discretion of the court.

Need free legal advice? Click here

Just like how marriages are governed by various personal laws, divorce also comes under the ambit of the religious matrimonial and divorce laws that the couple opt for.

  • Hindus: In case the couple has registered their marriage under the Hindu laws, the marriage and divorce are governed by the Hindu marriage act, 1955. (Section 13-B talks about mutual divorce)
  • Christians: In the case of Christian marriages, the disputes in marriages are handled on the basis of the Special Marriage Act,1954 and the Indian Divorce Act,1869.
  • Muslims: Here, the matrimonial disputes and cases of divorce are tried on the basis of dissolution of Marriage Act,1939 and the Muslim Women (protection of rights on divorce) Act, 1986.
  • Intercaste: Such marriages that involve spouses belonging to variable religions come under no specific personal law so are governed by the Special Marriage Act,1954. However, under this act, only the wife can claim alimony and the rights do not extend to the husband.

FACTORS FOR DETERMINING ALIMONY:

In case the maintenance is being contested, the court steps in and takes up the duty of declaring the amount for maintenance based on examining the parameters of the case. The alimony decided by the partners can be either paid on a monthly basis, annually or periodically as per the decision of the court considering the request of the maintained spouse.

The court takes into account certain factors for determining the alimony for the maintained spouse, such as:

  1.  The financial status of the paying partner; This is considered as a factor to understand the capacity of the spouse for paying maintenance.
  2.   Requirements of the partner being maintained; The alimony is provided as per the reasonable needs of the spouse claiming the maintenance. It is made sure that they are given the appropriate amount as much as they would need to continue their lifestyle the same way it was before the marriage broke. Their age, liabilities and the presence of children under their custody can also affect the amount declared as alimony.
  3.   Salary of the spouse being maintained; the court also considers the income of the maintained spouse to determine the need of the alimony for them. The court can decide whether or not to give them the alimony on the basis of this aspect.

The courts generally declare that one-fourth of the husband’s income be paid to the wife or vice versa for maintenance. A recent judgment by the Hon’ble Supreme Court set the limit for alimony as 25% of the husband’s/wife’s net salary and defined it to be “just and proper”.

WHEN ALIMONY NEED NOT BE PAID?

  1. There is no minimum or maximum limit set for payment of alimony and there are also no laws to substantiate the compulsory payment of alimony, so the partners can mutually decide on non-payment of maintenance.
  2. At times where the wife remarries, the husband can request to not pay the alimony thereupon.
  3. If the court finds that the partner claiming alimony is financially fit to look after themselves and they will not be needing the amount to maintain their lifestyle whatsoever.

The main benefits of the consent divorce is the maintenance cost given by the husband to the wife. In general, the maintenance is the money given after the divorce by the earning partner to the dependent spouse to maintain them. The couple can fix the alimony under mutual understanding and the court will not interfere in this.

Alimony Laws in Mutual Divorce

7743

Consent acts a important role in all the stages of marriage from free consent given to the partners to start the relationship as spouses to mutual consent to seperate as strangers. The mutual consent for the divorce does the process easier for legal seperation. Particularly in India, mutual divorces are the most easiest, fastest and cheapest way of getting divorced.

Consent plays a vital role in almost all stages of marriage, from the free consent given by the partners to begin their relationship as spouses to the mutual consent given for separating as strangers. The mutual consent for divorce makes the process of getting legal separation much easier than any other ground for divorce. In India, particularly, mutual divorces are the most fastest, easiest and cheapest mode of getting divorced.

Browse the articles below for more free information and guidance on government registrations, tax, compliance, patent filing process and more.

The maintenance or alimony given to the wife by the husband or vice versa, as per the situation, is one of the major benefits of divorce. It can be any amount fixed by the partner requesting maintenance and accepted by the other spouse. Maintenance is, in general, the money given to the dependant spouse by the earning partner to maintain them after the divorce. No law mandates that the husband has to provide alimony to the wife, it can also be the other way round if needed. The courts do not interfere in the alimony fixed by the couple under mutual understanding and also gives the couple the freedom to walk out of the marriage without maintenance under mutual agreement. However, the assessment of the amount declared by the spouse is the discretion of the court.

Need free legal advice? Click here

Just like how marriages are governed by various personal laws, divorce also comes under the ambit of the religious matrimonial and divorce laws that the couple opt for.

  • Hindus: In case the couple has registered their marriage under the Hindu laws, the marriage and divorce are governed by the Hindu marriage act, 1955. (Section 13-B talks about mutual divorce)
  • Christians: In the case of Christian marriages, the disputes in marriages are handled on the basis of the Special Marriage Act,1954 and the Indian Divorce Act,1869.
  • Muslims: Here, the matrimonial disputes and cases of divorce are tried on the basis of dissolution of Marriage Act,1939 and the Muslim Women (protection of rights on divorce) Act, 1986.
  • Intercaste: Such marriages that involve spouses belonging to variable religions come under no specific personal law so are governed by the Special Marriage Act,1954. However, under this act, only the wife can claim alimony and the rights do not extend to the husband.

FACTORS FOR DETERMINING ALIMONY:

In case the maintenance is being contested, the court steps in and takes up the duty of declaring the amount for maintenance based on examining the parameters of the case. The alimony decided by the partners can be either paid on a monthly basis, annually or periodically as per the decision of the court considering the request of the maintained spouse.

The court takes into account certain factors for determining the alimony for the maintained spouse, such as:

  1.  The financial status of the paying partner; This is considered as a factor to understand the capacity of the spouse for paying maintenance.
  2.   Requirements of the partner being maintained; The alimony is provided as per the reasonable needs of the spouse claiming the maintenance. It is made sure that they are given the appropriate amount as much as they would need to continue their lifestyle the same way it was before the marriage broke. Their age, liabilities and the presence of children under their custody can also affect the amount declared as alimony.
  3.   Salary of the spouse being maintained; the court also considers the income of the maintained spouse to determine the need of the alimony for them. The court can decide whether or not to give them the alimony on the basis of this aspect.

The courts generally declare that one-fourth of the husband’s income be paid to the wife or vice versa for maintenance. A recent judgment by the Hon’ble Supreme Court set the limit for alimony as 25% of the husband’s/wife’s net salary and defined it to be “just and proper”.

WHEN ALIMONY NEED NOT BE PAID?

  1. There is no minimum or maximum limit set for payment of alimony and there are also no laws to substantiate the compulsory payment of alimony, so the partners can mutually decide on non-payment of maintenance.
  2. At times where the wife remarries, the husband can request to not pay the alimony thereupon.
  3. If the court finds that the partner claiming alimony is financially fit to look after themselves and they will not be needing the amount to maintain their lifestyle whatsoever.

The main benefits of the consent divorce is the maintenance cost given by the husband to the wife. In general, the maintenance is the money given after the divorce by the earning partner to the dependent spouse to maintain them. The couple can fix the alimony under mutual understanding and the court will not interfere in this.

FAQs

No FAQs found

Add a Question


No Record Found
SHARE