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Divorce

The Hindu Marriage Act and What It Says About Paying Alimony

Get all the information about alimony in India and know about The Hindu Marriage Act! Read this blog to know more.

Alimony looks pretty old-fashioned, but this is still very much relevant to maximum couples. It can be a tricky part of a divorce, but knowing where to start can be relatively straightforward.

Few people are aware of the  Divorce Alimony in India, but if you’re getting divorced, you must learn everything you can about this subject. To know about the Hindu marriage act, you must know the details of the Hindu Marriage Act Alimony in India.

 A contract that offers recurrent payments to a spouse who has filed for divorce is known as alimony or maintenance in India’s everyday language. It is intended to give the opposing spouses financial support during and after the divorce process. 

 How Indian Law Handles Alimony?

Alimony is a type of financial support that one person receives from another, typically in exchange for paying the bills of their ex-spouse and possibly their children. The Hindu Marriage Act, 1955 (HMA), which specifies the conditions under which alimony may be given and the situations under which it may be discontinued, governs the law governing alimony in India.

The provisions of Hindu law regarding marriage:

According to the Hindu Marriage Act Alimony in India, a person living apart from their partner for at least two years may request alimony from them if they are financially independent and do not have any children living with them.

Before alimony can be awarded, several additional conditions must be satisfied in addition to these:

  • The court must be persuaded that there is a plausible chance that each party will be able to sustain themselves independently of the other;
  • That there is no realistic chance for the parties to agree;
  • That such an award wouldn’t place an arbitrary burden on the recipient.

How Indian Is Alimony Determined?

Although there is no set method in the law for determining alimony, it can take the form of a defined amount per month or week. A property settlement is another option.

However, the following variables are taken into account while determining alimony:

  •       The length of the marriage; 
  •       The standard of living that both partners have experienced while they have been married; 
  •       The parenting plan that both parties have agreed to (if any).

Various Alimony Options for Indian Citizens

If a spouse cannot support himself financially, he is entitled to alimony and maintenance. If a former wife cannot support herself and her dependents, the court may require her to pay alimony or maintenance to her former husband.

The wife’s income arrears might be determined based on her earning potential at the time of the divorce Filings. A wife has the right to get money from her husband in addition to child maintenance.

Under Indian law, alimony can take one of two forms:

  1. Temporary Alimony: It is due for a predetermined amount of time or until one of the parties passes away, whichever occurs first. The length of the marriage and the financial situation of both parties at the time of divorce affect how much alimony is awarded.
  2. Permanent Alimony: This is perpetually due and payable until earlier death or remarriage. Even though the monthly payments are typically modest, this ends up being one of your most enormous outlays in the long run.

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How Can Alimony Be Avoided in India?

Alimony is handled in a particular method under Indian family law. When a couple splits up in India, the lady receives maintenance for her and her kids. This is referred to as “maintenance” or “alimony.”

How can one avoid paying alimony in India? It is a common query.

In India, there are a few ways to avoid paying alimony:

  1. Divorce can be sought before marriage. Your spouse won’t be able to collect maintenance payments from you.
  2. Following Section 35(1)(b) of the Family Courts Act of 1984, you might assert that your spouse earns more money than you do to prevent them from receiving support (FCA). This will be challenging, though, as many people are unaware that their spouses earn more money than they do.
  3. You could still be able to avoid paying alimony if your husband has asked you to do so, but you are unemployed. Suppose you don’t have any assets or income. In that case, you can apply under Section 25 of the Indian Maintenance and Welfare of Parents and Senior Citizens Act, 2005 (MPA), alleging that you shouldn’t be required to pay maintenance.
  4. You can try to negotiate with your ex-spouse and ask them to agree to reduce or even stop making alimony payments entirely. You won’t have to make any payments if your ex-spouse concurs. But this is one of the least effective and least well-liked approaches.
  5. In some areas, alimony is not required when the receiving spouse moves in with a new partner or close companion. It could be accessible to both parties during the separation, but not after that.

Why Do You Need A Lawyer For Alimony?

It would help if you had an alimony lawyer to handle your legal alimony difficulties for various reasons.

Understanding Your Rights Regarding Alimony

The first is that some people may not consider themselves financially struggling, yet they may desire to divorce before having children. As a result, you need to be aware of your legal options and alimony obligations in India.

Safeguarding the Resources You Need

If a person has numerous obligations and assets, such as real estate or other assets, engaging an alimony attorney is another reason to do so. In this manner, the person will pass away or get a divorce without leaving behind any debt or other obligations.

  • Assuring Your Assets are not Awarded to Your Ex-Partner

A person should also speak with an attorney to make sure this does not happen if they do not want their ex-spouse to have access to their assets after they pass away or get divorced. These issues need to be handled properly so that everyone concerned can rest easier at night, knowing that everything has been taken care of on both sides of the equation.

Conclusion:

In India, alimony rules have changed during the past few decades. Numerous adjustments have been made to equalize alimony payers and receivers, and some essential rulings have changed how we view alimony payments. Any issues that may arise following an alimony settlement should be addressed with the assistance of an alimony attorney.

If you are claiming for an alimony and looking forward for the support of a legal executive, then Vakilsearch is the best option!

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