123ArticleOnline Logo
Welcome to 123ArticleOnline.com!

ALL >> Legal >> View Article

Alimony (meaning And Law)

By Author: Legal Resolved
Total Articles: 5

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: 53Word Count: 385See All articles From Author

Legal Articles

1. Divorce Lawyer Mumbai
Author: Mayur Pandya

2. 10 Ways How Rera Will Delight The Home Buyers - A Fresher Life Beckons At The Hemisphere
Author: The Hemisphere

3. Indications You Need A Personal Injury Lawyer
Author: Daniel Estes

4. 7 Habits Of A Successful Entrepreneur That The Startup Owners Should Follow
Author: Shruti Kakkar

5. Court Marriage Mumbai
Author: Mayur Pandya

6. Detective Services
Author: Mark Grover

7. Traffic Ticket Lawyer Houston Ensures Your Traffic Ticket Dismissal In The Court
Author: arricsmith

8. Private Detective London – A Private Investigator London Can Perform Discreet And Fast Background Ch
Author: Gary Lee

9. Chapter 13 Bankruptcy Lawyers In Md- Protecting Debitor And Creditor Instantaneously
Author: marylandchapter

10. Search Law Firms, Top Advocates, Lawyers
Author: Advacto legal Solutions

11. The Houston Criminal Defense Attorneys Can Help You From The Legal Charges
Author: beckylaw

12. The Experience Of Working With A Work Injury Lawyer In Pennsylvania
Author: Ryan Harvey

13. What Can Springfield Missouri Family Lawyers In Greene County Do For You?
Author: Kirk C. Stange, Esq.

14. Denton Child Custody Attorney: A Perfect And Healthy Solution
Author: Mark N John

15. 15 Common Myths About Child Custody
Author: V. Wayne Ward

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