What Are the Rights of a Woman in Alimony Cases in India?

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What Are the Rights of a Woman in Alimony Cases in India?

In India, alimony is a legal entitlement grounded in the principles of equity and justice, designed to provide financial stability to a woman following the dissolution of marriage. Recognized under personal laws such as the Hindu Marriage Act, the Special Marriage Act, Indian Divorce Act, and others, alimony serves as a safeguard for women who may have contributed to the marital partnership through non-monetary means, such as caregiving and homemaking, which are often undervalued in conventional economic terms. It reflects the judiciary’s commitment to ensuring that women do not face economic deprivation or destitution due to the breakdown of their marital relationship.

The right to alimony encompasses interim maintenance, which addresses immediate financial needs during the pendency of legal proceedings, and permanent alimony, which ensures long-term sustenance. Courts consider factors such as the wife’s income and earning capacity, the husband’s financial status, the standard of living enjoyed during the marriage, and the duration of the marital union. In landmark judgments like Kusum Sharma v. Mahinder Kumar Sharma, the judiciary has reinforced the principle that alimony is not charity but a right arising from the marital relationship. This entitlement underscores a woman’s dignity, equality, and financial autonomy, advocating for her ability to lead a life of self-respect, free from economic oppression.

Factors Considered by Court for Determining Permanent Alimony

The Courts in India have time and again given guidelines on how the alimony should be calculated. The Delhi High Court in Bharat Hedge v. Smt. Saroj Hegde MANU/DE/1518/2007:140(2007)DLT16 laid down the following factors to be considered for determining maintenance:

• i. Status of the parties.
• ii. Reasonable wants of the claimant.
• iii. The independent income and property of the claimant.
• iv. The number of persons the non-applicant has to maintain.
• v. The amount should aid the Applicant to live in a similar lifestyle as he/she enjoyed in the matrimonial home.
• vi. Non-Applicant’s liabilities, if any.
• vii. Provisions for food, clothing, shelter, education, medical attendance, and treatment, etc., of the applicant.
• viii. Payment capacity of the non-applicant.
• ix. Some guesswork is not ruled out while estimating the income of the non-applicant when all the sources or correct sources are not disclosed.
• x. The non-applicant to defray the cost of litigation.
• xi. The amount awarded under Section 125 Code of Criminal Procedure is adjustable against the amount awarded under Section 24 of the Act.

The Supreme court in the case of Kiran Jyot Maini vs. Anish Pramod Patel (15.07.2024 – SC): MANU/SC/0629/2024 held that the primary objective is to prevent the dependent spouse from being reduced to destitution or vagrancy due to the failure of the marriage, rather than punishing the other spouse. The court emphasizes that there is no fixed formula for calculating maintenance amount; instead, it should be based on a balanced consideration of various factors.

These factors include but are not limited to:

• i. Status of the parties, social and financial.
• ii. Reasonable needs of the wife and dependent children.
• iii. Qualifications and employment status of the parties.
• iv. Independent income or assets owned by the parties.
• v. Maintain standard of living as in the matrimonial home.
• vi. Any employment sacrifices made for family responsibilities.
• vii. Reasonable litigation costs for a non-working wife.
• viii. Financial capacity of husband, his income, maintenance obligations, and liabilities.

The status of the parties is a significant factor, encompassing their social standing, lifestyle, and financial background. The reasonable needs of the wife and dependent children must be assessed, including costs for food, clothing, shelter, education, and medical expenses. The applicant’s educational and professional qualifications, as well as their employment history, play a crucial role in evaluating their potential for self-sufficiency. If the applicant has any independent source of income or owns property, this will also be taken into account to determine if it is sufficient to maintain the same standard of living experienced during the marriage. Additionally, the court considers whether the applicant had to sacrifice employment opportunities for family responsibilities, such as child-rearing or caring for elderly family members, which may have impacted their career prospects.

Furthermore, the financial capacity of the husband is a critical factor in determining permanent alimony. The Court shall examine the husband’s actual income, reasonable expenses for his own maintenance, and any dependents he is legally obligated to support. His liabilities and financial commitments are also to be considered to ensure a balanced and fair maintenance award. The court must consider the husband’s standard of living and the impact of inflation and high living costs. Even if the husband claims to have no source of income, his ability to earn, given his education and qualifications, is to be taken into account. The courts shall ensure that the relief granted is fair, reasonable, and consistent with the standard of living to which the aggrieved party was accustomed. The court’s approach should be to balance all relevant factors to avoid maintenance amounts that are either excessively high or unduly low, ensuring that the dependent spouse can live with reasonable comfort post-separation.

Additionally, the judgment addresses specific scenarios such as the right of residence under the PWDV Act, the impact of the wife’s income on maintenance, and the needs of minor children. Even if the wife is earning, it does not bar her from receiving maintenance; the Court should assess whether her income suffices to maintain a lifestyle similar to that in the matrimonial home. The judgment also considers the expenses associated with the care of minor children, including educational expenses and reasonable amounts for extracurricular activities. Serious disability or illness of a spouse, child, or dependent family member, requiring constant care and recurrent expenditure, is also a significant consideration.

Key precedents cited to reach this broad framework include

• Manish Jain v. Akanksha Jain MANU/SC/0355/2017: 2017: INSC:297: (2017) 15 SCC 801,
• Shailja and Anr. v. Khobbanna MANU/SC/0537/2017: (2018) 12 SCC 199,
• Sunita Kachwaha and Ors. v. Anil Kachwaha MANU/SC/0964/2014: 2014:INSC:744: (2014) 16 SCC 715,

which reinforce these principles and provide a sound, reasonable and fair basis for determining maintenance in subsequent cases.

If you are looking to uphold your alimony and maintenance rights, and are looking for help support and guidance in either representing you at the court or negotiating alimony out of court., feel free to write to us at mail@lawyersonia.com or call at +91 9845944896 if you wish to consult or discuss your matter.

Sonia and Partners is a Boutique law firm led by Adv. Sonia Rajesh supported by a team of qualified and among the best lawyers in Bangalore practicing in the area of Family Law and Criminal Defence serving Citizens of India, Overseas Indians, NRIs and Global International Clients.