Who can claim Alimony Rights?

Avik Chakravorty
Who can claim Alimony Rights?
Essentially, the blog talks about who is eligible or qualified to be claimants of alimony rights. In other words, the question raised is whether the claimant is entitled to claim alimony rights and the sub-point being the factors impacting alimony amount and duration.

To put it bluntly, when women usually get divorce alimony legit claims are granted by the courts by default. Occasionally, the man may be able to prove that he had to undergo all sorts of harassment and the court on its part may decree that the female pay compensations.

Conversely, the court’s decree could be that the husband reverts the ‘stree-dhan which essentially includes all assets that the woman had received when the man and the woman got married. All assets that the woman’s parents and in-laws gave her at the time of her marriage would have to be returned as well.

For further read: What Do I Need to Know About Alimony before Divorce

Is the claimant entitled to claim alimony rights?

The alimony amount to be paid may vary and the court determines the amount on a case by case basis according to a divorce lawyer in India

Factors impacting alimony amount and duration are as follows:

a) the duration of the wedding - if the couple’s marriage, for example, lasts for a decade the person entitled can claim maintenance for a lifetime

b) age and health of the spouse – depending on the how well-off the payer is as well as whether the payer is the owner of properties 

c) the health condition of both spouses

d) how the parties behave

e) the spouse that gets child custody would be entitled to and therefore claim to either receive a higher amount for being the custodial parent of a minor child or the maintenance paid would be of a lesser amount

f) Incurring the expenditure on account of raising the child

g) the social status and the wife’s lifestyle as she and her husband lived together as married couples.

h) any other aspect or circumstance of the case, that the court may consider

i) husband’s any other legit liabilities, namely, fully dependent aging parents, that the courts have had evidence of by examining. If the wife has a job she would have an independent source of income which would be considered as well.

Who can claim the alimony?

Wife – In the case of the wife the possibilities are limited to three and they are as follows:

a) if she is earning – if the man has a higher earning potential and comes from a decent financial background then she has entitlement and therefore can claim alimony.

b) if she is not earning – in such a scenario, the man ought to ensure that the standard of living of the woman remains the same as it was during her married life

c) if she remarries – remarriage of the woman would result in the man paying for the children only and the woman is exempted or excluded from alimony payments.

The Hindu marriage act, 1955 and section 25 of the act, in particular, is the guideline or the guiding light for those who are under the ambit of the act. Section 25 of the act is appropriately applied with the granting of the final divorce decree. However, applying for this express purpose even after the granting of the divorce, the court will consider the application and alimony would be granted. Besides, all individual alimony claims can be canceled by the court if it's found later on that the person claiming alimony has remarried, or has had an extramarital affair.

For further consultation, Vidhikarya can connect you with experienced lawyers.


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