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Permanent Alimony and Maintenance under Hindu Law

Permanent alimony and maintenance are two legal concepts in family law that involve financial support provided by one spouse to another after divorce or separation.

Permanent Alimony

Permanent alimony is a form of financial support that is paid by one spouse to the other after a divorce. The purpose of permanent alimony is to provide support to the spouse who is economically dependent or disadvantaged after the divorce. The amount of permanent alimony is determined by the court and is based on various factors such as the duration of the marriage, the income of both spouses, the standard of living during the marriage, and the financial needs of the spouse seeking alimony.

In Hindu law, the Hindu Marriage Act, 1955, provides for the payment of permanent alimony to the wife after divorce. However, the court may also order the husband to pay alimony to the husband in cases where the wife is the main breadwinner or has a higher income than the husband.

Maintenance

Maintenance, also known as alimony or spousal support, is a form of financial support paid by one spouse to the other during the pendency of divorce proceedings or after a separation. The purpose of maintenance is to ensure that the dependent spouse can maintain their standard of living until the divorce is finalized or until they are able to become self-sufficient.

In Hindu law, the Hindu Marriage Act, 1955, provides for the payment of maintenance to the wife during the pendency of divorce proceedings and after divorce. The amount of maintenance is determined by the court and is based on various factors such as the income of both spouses, the standard of living during the marriage, the financial needs of the wife, and the husband’s ability to pay.

Key Points on Permanent Alimony and Maintenance

  1. Maintenance is a legal right of a wife, children, and aged parents and is an essential part of personal law.
  2. The amount of maintenance is not fixed and can vary according to the status of the parties, their respective income, and other relevant factors.
  3. A wife has the right to claim maintenance from her husband during the subsistence of the marriage and also after the dissolution of marriage.
  4. A divorced wife has the right to claim maintenance from her former husband if she is unable to maintain herself.
  5. Maintenance can be claimed even by a wife who is living separately from her husband without obtaining a divorce.
  6. In case of non-payment of maintenance, the wife can approach the court for enforcement of the order of maintenance.
  7. The amount of maintenance can be revised by the court in case of a change in circumstances.
  8. Permanent alimony is a lump-sum amount paid by the husband to the wife in case of divorce or separation.
  9. The amount of permanent alimony is usually determined by the court and can depend on various factors such as the length of the marriage, the financial status of the parties, and the conduct of the parties during the marriage.
  10. The purpose of permanent alimony is to ensure that the wife is able to maintain the same standard of living after the divorce as she had during the marriage.

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