In the case of marriage, everything becomes between couples. But in case of divorce, this tour becomes mine and the separation of everything starts. The separation of property, assets, income etc. The issue of alimony also arises during divorce proceedings. This income is divided and given to the non–earning or low-earning spouse. The purpose of giving alimony is to provide financial assistance to the spouse so that he/ she does not face any financial hardship.
What is Alimony
Alimony is described as the amount of money that a husband pays to his wife following a divorce. Alimony was created to provide financial help to the financially weaker spouse, but in some circumstances, it is used to oppress the other partner. The court decides the amount based on the spouse’s earnings and possessions.
Alimony became popular since marriage is intertwined. According to marital rules, the marital bond is considered sacrosanct. Whether they divorce or not, the husband remains responsible for his wife’s well-being. We currently live in an egalitarian culture, thus alimony may be awarded to any party based on their financial situation. Once married, one must satisfy the responsibilities and obligations of marriage for the rest of their lives, even if they are separated.
Legal Provisions Related to Alimony
- The amount of divorce alimony payable by either party is determined by the court using variables such as the respondent’s income, their own income, and other financial assets under Section 25 of The Hindu Marriage Act. The court-ordered amount can be paid in full or in installments, either monthly or on a regular basis. This decision is subject to change at any time in the future if either party’s circumstances change.
- Section 24 of the HMA allows a spouse who does not earn or earns much less than his wife to seek such expenditures from her if she is able to afford them. This is a provision that covers the costs of the proceedings for the spouse, regardless of gender.
Legal Strategies to Avoid Paying Alimony after Divorce
You can avoid paying alimony after divorce through several legal strategies. Let us discuss these in detail:
- Many states also consider the length of the marriage when determining the amount of alimony. The longer a person is married, the more likely he or she may be obliged to pay alimony. If you end your marriage soon after it begins, you may not be required to pay alimony to your husband. Extending it further only causes further emotional suffering and longer-term alimony payments.
- If the court detects a discrepancy or believes the woman is capable of sustaining the same quality of living that the couple had throughout their marriage, the court may explore the case and avoid alimony. If the spouse requesting maintenance is self-sufficient in meeting his or her own expenses, this can be a compelling reason to avoid alimony in India.
- Infidelity gives the opposite partner an edge; thus, if the husband can prove his wife is cheating on him, he can refuse to pay alimony. Adultery is difficult to prove in court. You must provide authentic proof and witnesses in front of the court.
- Keep an eye on what your ex-spouse is up to in their relationships, as a new marriage will usually allow the payments to end. If the party claiming alimony has found a new partner who can provide for them adequately, you are not required to pay alimony to them. Make sure you are aware of any changes in your circumstances so that you can stop receiving alimony payments.
- You can avoid paying alimony by claiming physical disability. If the husband is physically incapable of supporting himself, he may be barred from paying alimony. However, suppose the court determines that you intentionally caused your injuries or incapacity in order to escape yourself. In that case, you will not gain from it. If you have demonstrated your impairment, the court may require your husband to care for you and pay you alimony.
- If the husband and wife have agreed to a mutual consent divorce in India, the divorce terms are normally predetermined. If one of those criteria already specifies that neither spouse will pay any maintenance before or after divorce, that becomes a defense. The spouse seeking maintenance or alimony may allege that the divorcing couple mutually agreed on the terms.
- If one of the grounds of marriage is not met in your marriage, you can avoid paying alimony in India by contesting the validity of the marriage. The Hindu Marriage Act of 1955, as well as other marriage laws, specify certain conditions for marital validity.
The aim of the alimony was to provide financial assistance to the other spouse, but nowadays it has become more of a tool for extorting money from the other spouse for one’s benefit.
For any legal help, contact Lead India Law. We provide free online legal consultation and other legal services. On our platform, you can talk to lawyers. You can freely ask any legal question. We provide the solutions to your legal problems.
