Introduction
Spousal support is another name for alimony, a legal obligation on the part of one spouse to provide financial support on some level — generally, monthly payments that can be constructed according to and agreed upon by both parties beforehand and set forward as guidelines decreed by the family court at the divorce settlement. The objective is to support a lower-earning or non-income-earning spouse following divorce. Position of Alimony in India Alimony is controlled by various personal laws based on religion which provides information about the rights and responsibilities of every person. This blog discusses the legal parameters of alimony in India, its various types, and its determining factors along with a case study for better understanding.
1. Alimony in India- Legal Framework
In India, alimony lies under the personal laws that are decided as per the religion of either spouse:
The Hindu Marriage Act, 1955 — This applies to Hindus, Buddhists, Jains, and Sikhs (except for a group listed in provisions under section 25 of the act). The question regarding alimony arises here below these sections. Interim maintenance is addressed under section 24, it is an allowance during the pendency of legal proceedings and permanent alimony falls under Section 25 which refers to a financial settlement after divorce.
Special Marriage Act, 1954: The Special Commendable only in the case of marriage amongst couples involving two different religions and provides civil
marriage facilities. The provisions regarding alimony are similar to the Hindu Marriage Act, which has Section 36 which provides for interim maintenance, and Section 37 for permanent alimony.
Indian Divorce Act, 1869: This act covers Christians and amends the Granting of maintenance —section 36 (interim Maintenance)and section 37 (permanent alimony), allowing the court to take into account not only the income or property of one spouse but also those of another.
Parsi Marriage and Divorce Act, 1936– Section 39 of this act allows Parsi’s wife which is called Permanent alimony as maintained by the husband after divorce.
Shariat alimony or maintenance is based on the Muslim Personal Law (Shariat) Application Act, 1937 which further looks into Al Quran and other principles from there. A Muslim woman is entitled to maintenance during the iddat period under the Muslim Women (Protection of Rights on Divorce) Act, 1986. This site has more information about a topic.
2. Types of Alimony
There are two main types of alimony:
When Divorce is pending Interim Alimony: This is temporary financial support given to the spouse during divorce proceedings. This helps to ensure that the financially vulnerable spouse can provide for themselves during all of this rushing into a final settlement. How much spousal support: The appropriate amount of financial settlement that should be made will depend on the needs at present for one spouse and what is feasible under these circumstances.
Permanent Alimony: This kind of financial support provides indefinite future assistance, ordered when the divorce is finished. Permanent alimony is in place
to help sustain the support that one spouse may have been accustomed to during their marriage. Permanent Alimony: In a permanent alimony, the court will make an award in specified sums of money payable over one or more years to come.
3. Factors Determining Alimony
Several criteria determine alimony in India including:-
Income and Assets of Either Party: The court considers the income, assets, or financial status of both spouses. However, the test usually hinges on a couple of other factors: standard of living during marriage and earning capacity (or lack thereof) by the spouse seeking it.
Age and Health of the Spouse: Alimony calculations generally consider a younger spouse’s ability to work for support, while an alimony award may be higher when an older or ill spouse cannot earn as much.
Length of the Marriage: If you have a long-lasting marriage, this factor can result in higher alimony amounts because one party may have become used to being dependent upon their spouse.
Conduct of the Parties: The court ponders over how both parties acted during their marriage, for example, if one party was abusive or unfaithful in his relationship, these factors to be explored by the Judge decide on alimony.
Child Custody: It is not uncommon for the court to award, if applicable in your area an increased alimony amount based upon custody of children alone.
4. Kusum Sharma versus Mahinder Kumar Sharma (2020) Case Study Background of the Case
In the case Kusum Sharma vs Mahinder Kumar Sharma, the couple had been married for many years. His wife Kusum Sharma approached the court seeking divorce and alimony on grounds of cruelty. But her husband, Mahinder Kumar Sharma disputed the case sparking a lengthy legal process. Later the case went up to the Supreme Court of India and they made some important guidelines regarding how much alimony should be paid for what purposes. You can see the links for further information here:
‘Permanent Alimony Is Awarded To Ensure Decent Living Standard For Wife’: Supreme Court Reiterates Factors To Be Considered
Kusum Sharma vs Mahinder Kumar Sharma on 14 Jan, 2015 Legal Issues
Key legal issues in this case included:
Determining the right amount of alimony.
The husband’s income and the wife’s should be a dealer standard. The requirements that the wife’s financial maintenance needs were met, while not imposing excessive strain on the husband.
Court’s Analysis
Before coming to this conclusion, the court considered some factors: Income and assets: The court analysed their income tax returns, the property of each one of them in addition to how they lived during marriage.
Manner of living: Another aspect the court or judge put into consideration is also how she was able to live during her time in marriage and whether it would be feasible for her to continue that lifestyle after their breakup.
Length of Marriage: This husband and wife had many years together, one element that influenced how much alimony would be paid.
Contribution to the household: The contribution of the wife to other heirs such as child upbringing and personal management does not directly translate into monetary values but was considered by the court.
Court’s Decision
The Supreme Court allowed the appeal and provided permanent alimony to Kusum Sharma. In its ruling the court ordered defendant Mahinder Kumar Sharma to pay monthly so his wife could “enjoy a lifestyle as close as possible to that… (led) by her during their marriage”. The court noted that the alimony amount should be reviewed periodically due to inflation and changes in circumstances.
The Fort case is important as it provides a precedent for the courts to consider other criteria and make sure that alimony allows the lower-income spouse not only to survive but subsist.
5. Alimony Principles: Raven v. Raven and Growing Trends In Alimony Law
Alimony for a female to male: Alimony award was one of the factors why Indian men seek mutual consent divorce past, husbands were only liable to pay alimonies but nowadays higher judiciary has supported gender-neutral Alimony
in India and issued orders where financially weak husbands get support which such wives are capable.
Lump-Sum v Monthly Payments: More people in the US are choosing to make or receive a one-time lump sum payment that effectively settles all financial matters between ex-spouses (#DivorceInTheUSA). Inflation Adjustment: Courts have slowly been considering the inflation factor for alimony payments to be adjusted so there is adequacy and a balance in financial support regardless of time.
Conclusion
Alimony An Important Feature Of Divorce Proceedings: Alimonies are inherent in divorce proceedings and ensure the financial security of the dependent spouse. The legal system in India has a strict structure for alimony and based on the different factors it gives you an appropriate amount. Publication of case studies such as Kusum Sharma v. Mahinder Kumar Sharma further helps to understand the practical application of these laws and how the judiciary looks upon this concept when it comes to recognizing alimony/ maintenance.
Reference :
1. Hindu Marriage Act, 1955, Sections 24 and 25.Section 24 in The Hindu Marriage Act, 1955, Section 25 in The Hindu Marriage Act, 1955
2. Special Marriage Act, 1954, Sections 36 and 37. Section 36 in The Special Marriage Act, 1954, Section 37 in The Special Marriage Act, 1954
3. Indian Divorce Act, 1869, Sections 36 and 37. Section 36 in Indian Divorce Act, 1869, Section 37 in Indian Divorce Act, 1869
4. Parsi Marriage and Divorce Act, 1936, Section 39. Section 39 in The Parsi Marriage And Divorce Act, 1936
5. Muslim Women (Protection of Rights on Divorce)Act, 1986. THE MUSLIM WOMEN,(PROTECTION OF RIGHTS ON DIVORCE) ACT, 1986 ARRANGEMENT OF SECTIONS
6. Kusum Sharma v. Mahinder Kumar Sharma, (2020) 9 SCC. Kusum Sharma vs Mahinder Kumar Sharma on 6 August
