We can find there is an increase in number of divorce cases in today’s world. There are many issues between husband and wife that lead to separation. When they once divorced, they will go for alimony and maintenance. In terms of divorce law, Alimony or maintenance is defined as the financial agreement between the people who are getting divorced. This will be only available to those who are legally got married and asking for the divorce. According to the legal arrangement, both partners will be agreed to provide financial support to each other and it will be provided regularly.
Alimony is the monetary compensation granted to the spouse who is not able to support himself/herself. In most of the cases, the husband always pays the alimony. The Indian Christian Marriage Act, 1872, and the Indian Divorce Act is applicable to Christians. The Marriage and Divorce Act is applicable for Parsis. The Shariat Law and the Dissolution of Muslim Act are applicable to Muslim marriages.
Maintenance or alimony is given in cases where the partner does not have the sufficient wealth needed to live or if the partner is not able to support himself and forced to be alone at home or if there is only a little chance of employment for the partner. There may be some exceptions for these cases.
The court will be deciding the amount of maintenance that is to be paid by the respective spouse after examining different parameters. The income of the spouses, their standard of living and financial status are some of the causes that are considered. The spouse's income and investments, as well as the financial needs of the individuals, must be taken into account. The Alimony or maintenance allowance is terminated by the death of either of any partners. Also, the maintenance or alimony allowance gets dismissed when the partner’s income is decreased.
For the Lump sum maintenance or alimony, there will be only a one-time allowance is provided to the partner. In Temporary alimony or maintenance, the allowance is limited to a certain time period until the partner gets her financial support independently.
The alimony or maintenance mainly aims to train the skills and education. Finally, the permanent alimony or maintenance is that in which allowance will be provided for an indefinite time period.
We can find so many husbands who are paying 30–60 lakh or even more in their so-called mutual divorce from the wife for getting out of trouble of handling maintenance or even criminal cases filed by the wife. So it can be found out that in most cases the husband is entitled to pay the maintenance even if it is a mutual divorce or not. The divorce lawyers in India can help you to deal with the alimony issues.
The amount of compensation that can get will depend largely on her qualifications and employment status. If she is unemployed then the husband is entitled to give alimony you. Fixing the amount of alimony is vested with the discretion of the court, but the discretion is to be done in a manner that preserves the course of justice.
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