Alimony in India

Alimony in India

• Women deserted by husbands were left in dire straits, often reduced to destitution, for lack of means to sustain themselves and their children.
• Women can make a claim for alimony under different laws, including the protection of women from Domestic Violence Act 2005 and Section 125 of the CrPC or under the Hindu marriage act,1955.
• it would be inequitable to direct the husband to pay maintenance under each of the proceedings.

 Supreme court guidelines:

• Deserted wives and children are entitled to alimony/maintenance from their husbands from the date they apply for it in a court of law.
• A violation would lead to punishment, such as civil detention and even attachment of the property of the latter.
• The plea of the husband that he does not possess any source of income ipso facto does not absolve him of his moral duty to maintain his wife, if he is able-bodied and has educational qualifications.
• Both the applicant’s wife and the respondent-husband have to disclose their assets and liabilities in a maintenance case. Any earlier case filed or pending under any other law should also be revealed in court.
• The expenses of the children, including their education, basic needs and other vocational activities, should be factored in by courts while calculating the alimony.
• Other factors such as “spiraling inflation rates and high costs of living” should be considered, but the wife should receive alimony which fits the standard of life she was used to in the matrimonial home.