123ArticleOnline Logo
Welcome to 123ArticleOnline.com!

ALL >> Legal >> View Article

Alimony (meaning And Law)

By Author: Legal Resolved
Total Articles: 1

Alimony (Meaning and Law)
Alimony or maintenance is awarded to a spouse in the form of financial support by the other spouse under Sec. 25 of the Hindu Marriage Act or Sec. 125 of the Criminal Procedure Code. Legally stating, either husband can claim alimony from wife or vice-versa. But in practise, it is the wife who claims the alimony from her husband. It may be provided either as a lump-sum payment (one-time), periodical payments or monthly payments till the life of the spouse or less than that.

The formula for calculation of Alimony
There is no strait-jacket formula to calculate alimony but a number of factors come into play, merits of which are pondered upon by the family court. It solely depends upon the facts and circumstances surrounding the case.

Factors upon which it is calculated (when husband pays to wife)
• Income and all properties of the husband;
• Income and all properties of the wife;
• Conduct of the parties;
• Mandatory Deductions such as Income tax, loan and debt repayments, etc from the husband’s salary so as to arrive at his net income;
• Other liabilities also matter such as old-age parents, children, etc;
• Wife’s educational qualification and experience;
• Lifestyle and social status of the husband and wife;
• Expenses of the wife on food, clothing & shelter;
• The economic, financial and social status of the wife prior to separation;
• Expenses for the children for their upbringing including their education, medical,etc;
• Age and health of the spouses;
• Time duration of their marriage.
Online Legal Advice
Statutory Law References
Sec. 24, 25 of the Hindu Marriage Act, 1955
Sec. 125 of the Criminal Procedure Code, 1973.

Landmark Judgments
U. Sree v. U. Srinivas, (2013) 2 SCC 114
Shabana Bano v. Imran Khan (2010) 1 SCC 666
Danial Latifi & Anr v. Union of India (2001) 7 SCC 740

Important Things to Remember
• Alimony or maintenance can be claimed under Sec. 25 of HMA or Sec. 125 of CrPC;
• Alimony awarded to the wife mostly varies between 1/4th - 1/3rd of the income of the husband;
• Award of alimony can be modified or varied if there is any change of circumstances in the husband’s or wife’s life such as remarriage of the husband;
• The court will try to restore the lifestyle and social status of the wife prior to her separation from her husband;
• Custody of baby remains with her mother till she reaches the age of 5;
• Find a divorce lawyer before claiming alimony;
• Execute the agreement for alimony.

Total Views: 21Word Count: 385See All articles From Author

Legal Articles

1. Farjami & Farjami Llp Protects Your Intellectual Property
Author: farjamillp

2. The Things You Should Know About The Role Of A Lawyer In A Car Accident
Author: MICHAEL T. FRIEDMAN

3. Advantages Of Being The First To Meet With A Divorce Lawyer
Author: V. Wayne Ward

4. 5 Jewelry Essentials That Help You Look More Beautiful Any Day
Author: Brent Mariano

5. Driving Under The Influence (dui) Lawyer Pennsylvania
Author: Michael Curtis Greenberg

6. Tips For Finding The Best And Reliable Private Investigators
Author: Brent Mariano

7. How A Georgia Tax Attorney Can Help You
Author: Andrew Mccann

8. Florida Tax Attorney: Why Are They Held Valuable?
Author: Andrew Mccann

9. Florida Employment Law – Workers Compensation Rights
Author: Andrew Mccann

10. Here's How You Can Get Rid Of Your Timeshare Contract
Author: Susan Budowski

11. When Things Fall Apart-why Do You Need A Divorce Attorney Fort Worth
Author: V. Wayne Ward

12. Attorneys Labor Employment Law – The Need To Know
Author: Andrew Mccann

13. Minnesota Tax Attorney: Put An End To Your Tax Nightmare
Author: Andrew Mccann

14. Attorney Employment Law – Where Good Representation Counts
Author: Andrew Mccann

15. The Advantages Of Hiring A Work Injury Lawyer In Pennsylvania
Author: Ryan Harvey

Login To Account
Login Email:
Password:
Forgot Password?
New User?
Sign Up Newsletter
Email Address: