123ArticleOnline Logo
Welcome to 123ArticleOnline.com!
ALL >> Legal >> View Article

Alimony (meaning And Law)

Profile Picture
By Author: Legal Resolved
Total Articles: 4
Comment this article
Facebook ShareTwitter ShareGoogle+ ShareTwitter Share

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: 831Word Count: 385See All articles From Author

Add Comment

Legal Articles

1. Divorce Lawyer In Noida | Legal Process & Guidance
Author: P&P Advocates

2. Transfer On Death Deed Vs Lady Death Deed
Author: Carl Glendon

3. How To Choose The Right Ri Criminal Lawyer For Your Defense
Author: Law Office of John R. Grasso

4. When Should You Contact A Criminal Attorney Rhode Island Residents Recommend?
Author: Law Office of John R. Grasso

5. Eu’s Landmark Artificial Intelligence Law Takes Effect With New Transparency Rules, But Key Safeguards Delayed
Author: The Law Reporters

6. India's Trusted Investigation Agency In Delhi Ncr
Author: Sandeep Chauhan

7. Top Blat Coaching In Kolkata: How To Prepare Effectively For Banaras Hindu University Law Entrance
Author: Amrita

8. Five Signs Your Cross-border Dispute Needs An Investment Treaty & Sovereign Dispute Arbitrator
Author: Andy

9. Best Slat Coaching In Kolkata: A Step-by-step Guide To Symbiosis Law Entrance Success
Author: Amrita

10. Personal Injury Lawyer Protects Clients By Communicating With Insurers
Author: Personal Injury Lawyer in Chamblee

11. The Work Of A Metal & Mining Dispute Arbitrator
Author: Andy

12. Washington Revocable Living Trust
Author: Carl Glendon

13. How Do I Choose The Right Criminal Lawyer In Melbourne?
Author: Peter Cayetuna

14. Best Lawyer & Advocate Near Me In Goregaon West, Mumbai, India
Author: Mayank

15. What Exactly Is An Nbfc?
Author: CorpZo

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