Alimony is a remuneration paid by one spouse to the other to provide support during or after a legal divorce or separation. In other words, when a marriage dissolves, one party often needs financial assistance from the other. The legal requirement to make those amounts is known as alimony.
When we mention a working woman, we mean a person who is financially independent and economically able to meet her needs. But, in the case of married working women who do not earn enough to meet their needs and rely primarily on their husbands, they are entitled to alimony.
The Reasons for Alimony to Wife
The main reason for a wife's maintenance is that she experiences many hardships and is denied many amenities after leaving her married house. As a result, financial satisfaction with the type of alimony provides her with some solace.
Alimony: Criminal Procedure Code
Under Section 125 of the Criminal Procedure Code, the woman can submit a maintenance case before the Court, and the Judge will award or pay suitable maintenance to the woman based on the income, assets, and properties of the woman's husband.
Alimony: Domestic Violence Act
Under the Domestic Violence Act, the wife has the right to reclaim all objects or things granted to her during the marriage and demand damages or compensation from the Courts for any physical or mental cruelty endured. The court may assign an officer to keep an eye on the woman during her stay at her father-in- law's and report accordingly.
Alimony Given to the Working Women
Because the laws governing maintenance and alimony have evolved over time, a working woman in India is, however, eligible for alimony. A working woman may be eligible for alimony based on her salary and living circumstances.
Hence, if a woman is employed and there is a significant disparity between her and her partner's net worth, she will be paid alimony to maintain the same quality of living as her husband. But, if she is capable of supporting herself and there is no significant difference in the earnings of the wife and husband, the court would take this into account and appropriately determine the case on its merits.
Factors to be considered for Alimony
The husband and wife's position and status
If the spouse has a valid maintenance claim
If the woman is living apart
The wife's total assets and earnings
The total value of the husband's property,
The income earned by this property, along with his additional income. The husband's total number of children and their expenses
The husband's personal expenses
Judicial Pronouncements
In the case of Kalyan Dey Chowdhury v Rita Dey Chowdhury, the Supreme Court ruled that alimony should not exceed 25% of the husband's salary when paid monthly. In this situation, the wife worked as a beautician as well as a teacher, making 30,000 per month.
In the case of Chaturbhuj v Sitabai, it was decided that a wife could receive alimony even if she worked. In this regard, the Supreme Court has held that a divorced woman can seek maintenance from her spouse even if she works hard to earn a monthly income that is insufficient to support her. It further underlines that the phrase "unable to maintain herself" does not require a woman to be completely destitute before applying for maintenance.
Recent decisions have held that because of social developments in which women are no more reliant on their husbands or other families, their alimony claims must now be investigated thoroughly, and it must be assured that one spouse is not benefited at the expense of the other.
While determining alimony, the courts must assess the wife's position and lifestyle to guarantee that she lives in acceptable comfort, given her standing and the way of life she was accustomed to when she resided with her husband.
You will need a lawyer to file for divorce proceedings. If you need the help of a lawyer for your divorce proceedings in Noida, then Divorce lawyers in Noida can be hired, and if you need the help of a lawyer for your divorce proceedings in Mumbai, then Divorce lawyers in Mumbai can be hired. Similarly, Divorce lawyers in Delhi can be employed if you need the help of a lawyer for your divorce proceedings in Delhi.
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