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: 561Word Count: 385See All articles From Author

Add Comment

Legal Articles

1. Bringing Your Loved Ones To The Uk: Your Guide To The Skilled Worker Dependant Visa
Author: Conroy Baker

2. How Long Does Llp Registration Take? Timeline Explained
Author: Jishan Khan

3. Starting A Business In Pune? 7 Essential Online Registrations You Shouldn’t Miss!
Author: Startupporta Business Services

4. Top Materials We Use In Our Best Custom Cnc Machining Parts
Author: YuYao QiDi Plastic Mold Factory

5. Why Every Business Needs A Corporate Lawyer In Dubai
Author: Dr. Hassan Elhais

6. Potential Benefits Of Hiring Minnesota Truck Accident Lawyers
Author: sussmanlaw

7. Conroy Baker Ltd.- Your Dedicated Uk Personal Immigration Lawyers In London
Author: Conroy Baker

8. Apply For Australia Pr Visa From India In 2025
Author: Atul

9. Self-deporting Facts And Consequences
Author: Berd & Klauss, PLLC

10. Best Loan Settlement Company In Delhi
Author: loanrelief

11. How Legal Experts Assist In Energy And Resource Industry Compliance
Author: Haider

12. How To Issue A Legal Notice To Your Spouse For Divorce: A Complete Guide By Vrinlegal
Author: vrinlegal

13. The Essential Elements Of A Contract: Building Blocks Of Legal Agreements
Author: John Rame

14. Dreaming Of Joining Your Partner In The Uk? Here's Your Guide To The Uk Spouse Visa!
Author: The SmartMove2UK

15. Family Lawyers In Saskatoon: Guiding You Through The Most Personal Legal Matters In Life
Author: John Smith

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