Divorce alimony

Dear Client,
Any person having sufficient means is liable to support his wife post-divorce, provided that she is unable to maintain herself. This support is provided by way of a fixed amount, known as ‘maintenance or alimony’. This support is provided by way of a fixed amount determined by a judicial magistrate, once an application is filed by the aggrieved spouse seeking maintenance from her husband in the Family Court. Certain guidelines had been set down by the Supreme Court in its judgment in the case of Rajnesh Vs. Neha (2021(2) SCC 324). Said criteria include the parties’ status, the respondent Wife needs, the respondent’s income and property, the claimant’s liabilities and financial responsibilities, the parties’ age and employment status, the parties’ residential arrangements, the parties’ minor children’s maintenance, and illness or disability, etc. Maintenance under Section 125 of Cr. PC is not restricted to the husband's income alone. The courts have held that the husband's income, as well as his assets and properties, can be taken into consideration while determining the maintenance amount. The Gauhati High Court has recently observed that if the husband is healthy, able-bodied, and in a position to support himself, he is under the legal obligation to support his wife. The courts have also held that maintenance can be granted to the wife even if she is living separately from her husband due to his ill-treatment or other reasons. In the case of Sunita Kachwaha & Ors. versus Anil Kachwaha (2014), the Supreme Court held that the mere fact that the wife was earning some income could not be enough to disentitle her from her right to maintenance. As regards the quantum of alimony/maintenance in divorce cases, there is no set rule for paying the one-time amount of alimony/maintenance. However, the court can grant one-third or one-fifth of the husband's or wife's net worth as alimony or maintenance. Under divorce alimony rules, no lump-sum settlement benchmark exists. If alimony/maintenance gets paid monthly, the Supreme Court of India has established a benchmark value of 25% of the husband's net monthly earnings to be awarded to the wife. There is no such benchmark for a one-time settlement/compensation, but usually, the amount ranges between 1/3rd to 1/5th of the husband's net worth. To enforce maintenance orders, the Court can issue various orders, including attachment of the salary or property of the husband. Non-compliance can also lead to imprisonment, as per Section 125(3) of Cr. PC. So, it is advisable to defend your case by adducing substantial evidence that supports your claim and consult with an experienced Advocate in the matrimonial matters to navigate the issue in the right way.