Divorce Cases Litigation

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Divorce Cases Litigation

We know divorces are complicated; we’ll help you go from distressed to de-stressed. We are committed to being there for you during tough times and shall guide you in the right direction.
Let us understand the concept of divorce first :

What is alimony?

When a couple decides to end their marriage by way of a divorce, there is usually some kind of monetary compensation given by one spouse to the other, so that they are able to maintain the standard of living that they are accustomed to even after the divorce. Such compensation is mandated by law, and is ordinarily paid by the spouse who is in a financially stronger position, to the other spouse.

A family court can order the payment of alimony laws in india even during the pendency of court proceedings (this is known as maintenance), or order either a lump sum or fixed monthly/quarterly payments as the case may be, during the time at which the couple is legally separated.

What are the laws governing alimony in India?

As is the case with divorce laws, alimony in India vary from 

religion to religion. Some of these laws are explained below:

Hindu Law

As per section 24 of the Hindu Marriage Act, 1955, both the wife and the husband are entitled to claim maintenance from the other spouse, depending on the specific set of circumstances. 

This section does not discriminate based on gender, but takes into account numerous factors such as each spouse’s incomes and earnings, employment status, assets and liabilities and overall financial standing.

When a couple decides to get divorced by mutual consent, the decision of alimony rules in india to be paid by either party is 
usually as per their mutual understanding. However, in case of a-contested divorce, the issue of alimony is decided on a case to case basis. The maintenance amount is entirely up to the discretion of the court.This section is to be read with Section 23 of the same Act, which specifies that it shall be the discretion of the court to award maintenance if any and what amount to be awarded.When deciding the payment on the alimony, the court will take into account the earning potential of the spouse, their ability to 
regenerate their fortune, and their liabilities.

Types of Alimony :

There are two types of alimony in India which include the Interim maintenance amount that is given while the court 
proceedings are on and the final amount that is given at the time of legal separation.-

Permanent alimony is provided to the wife or husband under Section 25 of the Hindu Marriage Act for his or her support and sustenance. In case the wife is a working woman and still, there is a considerable difference between her earnings and that of her husband, she will still be granted Support to maintain the same living standard as her husband provided her.-

In case the wife is not earning, the amount of money will be decided to take into consideration her age, educational 
qualifications and her ability to work or earn in the future. In case the wife is earning and the husband is disabled or not fit to work, the Alimony amount is granted to the husband by the court .......................contd.