What do you mean by Alimony?
Alimony (maintenance, support or sustenance) is the financial support that is provided to a spouse after divorce. Generally, it is provided if a spouse does not have adequate means to take care of the basic needs of life. Although, according to law, alimony can be granted to either spouse, usually, it is required to be awarded by the husband to his wife. However, in exceptional cases court of law in India has gone ahead and granted alimony to husband.
There is no fixed formula or hard and fast rule for the calculation of alimony that the husband needs to provide to his wife. The alimony can be provided as a periodical or monthly payment, or as a one-time payment in the form of a lump-sum amount.
If the alimony is being paid on a monthly basis, the Supreme Court of India has set 25% of the husband’s net monthly salary as the benchmark amount that should be granted to the wife. There is no such benchmark for one-time settlement, but usually, the amount ranges between 1/5th to 1/3rd of the husband’s net worth.
2. Law related to it:
Our society consists of five major communities: Hindus (Hindus, Buddhists, Jains and Sikhs), Muslims, Christians, Parsis and Jews. Each community has its own personal laws derived from religious scriptures, customs and traditions. Thus, the grounds on which a Hindu woman can seek divorce and alimony may not be the same for every community.
Similarly, the law on alimony and maintenance also varies from personal law to personal law. For example, under the Hindu Marriage Act, 1955, both the husband and wife are legally entitled to claim permanent alimony and maintenance. However, if the couple marries under the Special Marriage Act, 1954, only the wife is entitled to claim permanent alimony and maintenance.
| Personal laws & Parameters | Hindu Law | Muslim Law | Christian Law | Parsi Law |
| Relevant legislation | i) Hindu Marriage Act, 1955 ii) Hindu Adoption And Maintenance Act, 1956 | The Muslim Women(Protection of Rights on Divorce) Act, 1986 | Indian Divorce Act, 1869 | Parsi Marriage & Divorce Act, 1988 |
| Key provisions | Hindu Marriage Act- Section 24 and Section 25 Hindu Adoption And Maintenance Act- Section 18 | Section 3(1), Section 3(2) and Section 4 | Section 36, Section 37 and Section 38 | Section39, Section 40, Section 41 & Section 42 |
| Is the husband entitled? | YES (under Hindu Marriage Act, 1955) | NO | NO | NO |
| Factors affecting the quantum of maintenance | i) Income & property of the claimant ii) Income & property against whom alimony is claimed iii) The conduct of the parties and other circumstances | i) Needs of the divorced woman ii) Standard of living at the time of marriage | i) Conduct of parties before and after marriage ii) The nature and source of husband’s income iii)Fortune of the wife & other circumstances | i) Plaintiff’s own income ii) Income of defendant |
| Payment | Lump sum or regular fixed amount | Lump sum or instalments. Even monthly payment beyond iddat period till the amount is fixed | The gross sum of money, or monthly or weekly sum paid directly to the wife herself or her trustee | The gross sum of money or monthly or periodical sum for a term not exceeding the life of the plaintiff |
3. History, philosophy and context of the concept
The Code of Hammurabi (1754 BC) declares that a man must provide sustenance to a woman who has borne him children, so that she can raise them:
137: If a man wish to separate from a woman who has borne him children, or from his wife who has borne him children: then he shall give that wife her dowry, and a part of the usufruct of field, garden, and property, so that she can rear her children. When she has brought up her children, a portion of all that is given to the children, equal as that of one son, shall be given to her. She may then marry the man of her heart.
In India, though more girls are going to school now, for many, the inevitable reality seems marriage before completion of higher education. Girls are married off early and bear children long before they should. This triggers a state of poor maternal health and is one of the root causes of high levels of child stunting and wasting in India. There is also the possibility of a marriage not working out for varied reasons, leaving the girl or young woman in extreme distress because often she is not financially independent. Parliament and the courts have persistently enacted legislation to give women better rights.
4. How it is useful or not useful:
This law has been enacted for the purpose of providing assistance to such spouse who is incapable of supporting himself or herself after separation/divorce. Alimony is very useful for the women who have been deserted by their husband. The women who are deserted by their husband are left with the mental stress and financial crunch. It becomes difficult for these women to overcome their difficulties. Even if the women found to be educated, many women left their jobs after marriage to look after their family, raise children, take care of in laws etc. So these women became dependent on their husband for finance. So after divorce the alimony amount helps these women to become emotionally and financially stable.
There is also misuse of this law. This law is enacted for the purpose of providing monetary assistance to such spouse who is incapable of supporting himself or herself. If the spouse is well qualified, s/he is not expected to remain idle to squeeze out the other. The law does not expect the increasing number of such idle persons, who, by remaining in the arena of legal battles, try to squeeze out the adversary by implementing the provisions of law suitable to their purpose.
5. Any interesting anecdote:
The Supreme Court on November 4, 2020 in the Case of Rajneesh vs Neha held that deserted wives and children are entitled to alimony/maintenance from the husbands from the date they apply for it in a court of law.
In a significant judgment by a Bench of Justices Indu Malhotra and R. Subhash Reddy, the top court said women deserted by husbands were left in dire straits, often reduced to destitution, for lack of means to sustain themselves and their children. The court opined it would not be equitable to order a husband to pay his wife permanent alimony for the rest of her life, considering the fact that in contemporary society marriages do not last for a reasonable length of time. Anyway, the court said, the duration of a marriage should be accounted for while determining the permanent alimony.
Conclusion Alimony comes as a relief to those who cannot maintain themselves owing to their personal reasons and conditions. This provision has enabled many to maintain themselves and their family. The court grants it, based on the income and assets of the husband or wife, to be given to their partner and makes a decision. It is also dependent on, under which law the petition for alimony has been filed.
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