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: 653Word Count: 385See All articles From Author

Add Comment

Legal Articles

1. Can You Face Jail Time For Breaching An Avo In Nsw?
Author: Justice Family Lawyers

2. Fast Mofa Attestation In Dubai, Uae: Simplifying Your Document Verification
Author: Prime Global

3. How To Check Absconding Status In The Uae: A Complete Guide
Author: The Law Reporters

4. Australian Certificate Attestation In Abu Dhabi, Uae: A Complete Guide
Author: Prime Global

5. What To Look For In An Ri Dui Lawyer: Key Questions Before Hiring
Author: Law Office of John R. Grasso

6. How A South Jersey Construction Lawyer Can Save You Thousands
Author: Robert J. Incollingo

7. Comprehensive Certificate Attestation Services In The Abu Dhabi, Uae
Author: Prime Global

8. Understanding The Us Green Card Process: A Beginner’s Guide
Author: Berd & Klauss, PLLC

9. Wichita Personal Injury Lawyers Helping Kansans Rebuild Lives After Serious Accidents
Author: John Smith

10. Eden Rafferty Wins Big In Worcester Personal Injury Cases
Author: John Smith

11. Comprehensive Apostille Services In Abu Dhabi, Uae For All Your Documents
Author: Prime Global

12. Accident Claims Procedure In India: A Step-by-step Guide
Author: RK Associates

13. Holiday Drunk Driving Puts Motorcyclists At Serious Risk
Author: Peter Coles

14. Mastering Certificate Attestation And Dependent Visas In The Uae
Author: Prime Global

15. ثبت تغییرات در شرکت سهامی خاص| مراحل، هزینه‌ها و نکات مهم
Author: حسن تیربخش

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