Alimony Calculator India
Added: (Thu Sep 26 2019)
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Alimony (Maintenance) is a legal obligation on a person to provide financial support to their spouse during or after marital separation or divorce under divorce maintenance rules in India.
The term alimony comes from the Latin word alimōnia (“nourishment, sustenance”, from alhere, “to nourish”), from which also alimentary (of, or relating to food, nutrition, or digestion) and the Scots law concept of aliment, and was a rule of sustenance to provide for the wife’s lodging, food, clothing, and other necessities after divorce.
There are five major communities in the Indian Society: Hindus, Muslims, Christians, Parsis, and Jews. These communities have their own personal laws derived from religious scriptures, customs, and traditions. Hence, the basis of seeking divorce and alimony varies according to their cultural beliefs.
Often, people confuse alimony with child support. However, they are two completely different types of financial remedies. In simple terms, the financially weaker spouse receives alimony. Whereas child support is about providing financial assistance by one parent to the other, who has custody of the child. Alimony, in many cases, is awarded alongside child support and at the discretion of the judge presiding over the case.
If a couple marries under the Hindu Marriage Act, 1955
Under the Hindu Marriage Act, 1955, both the husband and wife can legally claim permanent alimony and maintenance under divorce alimony rules.
In case a couple decides to get a divorce mutually, the decision on whether any alimony/maintenance is to be paid by either party is a matter of agreement between them. In such cases, alimony/maintenance could be paid by either the husband to the wife or by the wife to the husband subject to the mutual understanding between the couple. The court then gives directives with reference to the agreement between the couple under divorce maintenance rules. It binds the couple to follow the directives enforced by the court.
The law is equal for both and considers that the richer spouse must support for the financially weaker spouse. It ensures the livelihood and wellbeing of a couple under divorce maintenance rules as per the divorce alimony calculator in India.