How to avoid paying alimony in India?

Marriage is considered as a holy institution and is given immense importance in the Indian Society across all the cultures. Even though we are a land of many cultures, almost all of them believe in this institution and practice it with utmost faith. However, with growing modernization, the Indian society is no stranger to increasing divorce rate. Even though marriages are regarded as a match made in heaven, but the relationship experience might not amount to being the same. Today we aim to discuss everything related to alimony post-divorce in India and how you can avoid it.

Meaning of Alimony

The most straightforward explanation of the term alimony is an allowance or amount that a husband needs to pay to the wife post-divorce for sustenance as per the orders of the court. The right to claim alimony is one of the essential parts of the divorce.

Relevant Laws:

Section 125 of the Code of Criminal Procedure, 1973

Sec 125 of the CrPC, 1973 states that any person who has sufficient means neglects and refuses to pay his divorced wife, legitimate or illegitimate minor children or major children who are unable to maintain themselves due to mental abnormality or injury is liable to pay monthly allowance if the court orders him to do so.

Section 18 of the Hindu Adoptions and Maintenance Act, 1956

This section states that a Hindu wife is entitled to be maintained for her lifetime. She can also live separately without losing her claim to the maintenance if any of the following cases are proven.

1. The husband is guilty of deserting or abandoning his wife for no valid cause.
2. If the wife has enough reason to believe that due to his cruelty, living with the husband may cause her harm or a threat to her life, she may live separately.
3. If the husband is suffering from a virulent form of leprosy.
4. If he has any other living wife or maintains a relationship with a concubine
5. If the husband has converted to any another religion.
6. If there is any other justifiable cause

Section 25 of the Hindu Marriage Act, 1955

Sec 25 of the Hindu Marriage Act, 1955 deals with the rules related to permanent alimony, and it deals with the alimony for both the husband and the wife. This answers an important question, can a husband get alimony in India? It states that the court may decide the monthly or periodic amount to be paid as maintenance after taking into account the income and status of both the parties.

It also talks about the right of the court to create a charge on an immovable property if such payment is missed and revoking the order if there is a change of the situation in either of the parties.

Section 37 of Special Marriage Act, 1954

This section also talks about the right of the court to create a charge on the property of the husband to make available the payment of the monthly or periodic allowance to the wife. The court also has the right to modify such order in case if there is a change in the situation of any of the party or if the wife is remarried or believed to be living an unchaste life.

Factors that the court takes into consideration for deciding the amount of maintenance
(section 23 of the Hindu adoptions and maintenance act)

The alimony amount is decided considering many factors such as

1. The financial position, status, and earnings of the husband.
2. Necessary and reasonable needs of the wife for sustaining in the current times.
3. The income and earnings from any other sources that the wife may have.
4. The number of persons that are entitled to the alimony such as minor children.
5. Whether the wife living separately is justified

Since India is a country of many religions that also follow their own rules and regulations governed by religious laws when it comes to marriage, the provisions relating to divorce and alimony also differ vastly.

How to avoid Alimony

While the right to alimony is a basic right, the question; how to prevent alimony in divorce in India is also asked many times. We have listed the factors in which the divorce without alimony in India is possible.

1. If it is proven that the merit of filing the divorce is infidelity on the wife’s part the alimony can be avoided.
2. If the wife has a sustainable source of income through her job and other means of earnings such as property etc., the alimony can be avoided if the court deems just.
3. If the husband can prove that he has no source of income, alimony can be avoided.
4. If the husband is remarried and has a new wife to take care of, alimony can be avoided.
5. If the wife remarries, she will not be entitled to alimony but the dependent and or minor children if any continue to get the allowance.

We hope this clarifies all the basics of rules relating to divorce and alimony in India.

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