How is alimony decided in a divorce in India?
There is no fixed formula or hard and fast rule for the calculation of alimony that the husband needs to provide to his wife. 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.
Is alimony compulsory in divorce in India?
Most divorce alimony is awarded for a particular period of time. So, if you have been the primary bread winner for your spouse and children and your spouse is not able to support himself/herself financially, it is mandatory for you to pay some kind of spousal support.
How long is alimony paid in India?
The amount and duration of alimony generally depends upon how long the marriage existed. Marriages that lasted more than 10 years are entitled to be granted a lifelong alimony. Age of the spouse is also taken into consideration while awarding alimony.
Does husband have to pay alimony in India?
Under Section 25 of the Hindu Marriage Act, permanent alimony is provided by the court to the wife or even to the husband for her or his support and maintenance. If the husband is disabled and is unable to earn and the wife is earning, then the court grants alimony to the husband.
How alimony is calculated?
The guideline states that the paying spouse’s support be presumptively 40\% of his or her net monthly income, reduced by one-half of the receiving spouse’s net monthly income. If child support is an issue, spousal support is calculated after child support is calculated.
What is alimony in India?
Alimony, derived from the Latin word alimonia, means sustenance. It means an allowance or amount the court orders one spouse — in India, it is generally the husband — to pay to the other spouse for sustenance, while and after undergoing a divorce.
What is alimony in a divorce case?
Alimony or spousal support is the monthly support given by one party to the other after the divorce. It is not a compulsory payment and is generally provided when the spouse doesn’t have adequate means to sustain life. According to the law, the alimony may be granted to either of the spouses but is usually given to the wife by the husband.
What is the law of divorce in India?
The Dissolution of Muslim Marriage Act, 1939, governs divorce for Muslims and for Christians it is made possible by way of the Indian Divorce Act, 1869. Parsis seek divorce under the Parsi Marriage and Divorce Act, 1936.
Who can ask for alimony under Hindu Marriage Act 1955?
Under Section 25 of the Hindu Marriage Act, 1955, the spouse can ask for alimony but generally, it is the women who seek grants for alimony but the instances where the husband has physical disability which prevents him from earning, then the wife has a liability to pay compensation.