India’s star cricketer Yuzvendra Chahal has divorced Dhanashree Verma after 4 years of marriage. After the court order, Chahal will pay a hefty amount of 4.75 crores to Dhanshree as an alimony. The cricketers have given around Rs 2.30 crore so far and will pay the remaining amount forward. This is not the first case of divorce and then alimony. Whether it is a divorce of a Hollywood celebrity or a high-profile breakup in Bollywood, the emotional drama, and the huge amount of ultimate has always become a topic of discussion.
How is alimony decided?
In such a situation, many people want to know how the courts decide how much money should be paid to one husband or wife as an alimony. By the way, after divorce in the country, the amount of ultimate is not based on any fixed formula in the country. The courts consider it after watching many factors such as the financial situation of both husband and wife, their earning ability and their contribution to marriage.
Also read: After divorce, now Dhanashree will get 4.75 crores, know how much property owners are
Nikita Anand, partner and family law advocate at Magnus Legal Services LLP, said that there is no strict rule regarding alimony in divorce cases in India. The courts take decisions on the basis of many factor, such as the financial position of both husband and wife, their earning ability and their contribution to marriage. For example, if Priya, a housewife for 20 years, divorces her rich businessman husband Rajesh, the court will consider her independent income and adequate income of Rajesh.
Earnings and behavior during marriage is important
Despite being educationally worthy, the court will accept that Priya renounced her career to support her husband’s business, her family and her children. In such a situation, the purpose of the survival allowance is to ensure that Priya maintains a similar lifestyle after divorce, as well as Rajesh’s ability to pay. It is fixed with complete impartiality.
Supreme Court Advocate Srisatya Mohanty said that the courts consider many aspects while fixing alimony. Mohanty said that the court takes into account many factor in mind, including the income of both sides, behavior during marriage, social and financial status, personal expenses and responsibilities towards dependents. The lifestyle of the wife is also taken into consideration during the marriage. These different situations depend on and this is why many ultimoni cases reach the Supreme Court.
The Supreme Court has described the major factors to give permanent alimony in the case of Parveen Kumar Jain vs Anju Jain (2024 INSC 961). Among them …
-Social and financial status of both husband and wife
– Wife and dependent children needs
– Employment and merit of both sides
– Independent income or property of the applicant
– standard of living during marriage.
– Renunciation made for family responsibilities
– Legal expenses for non-kasakaji spouse
– Husband’s financial capacity, including his income and debt
The Supreme Court has also warned against the misuse of women-centric laws. Also, it is said that alimony should be found to give protection to the dependent husband or wife, not to punish the other.
For example, if the husband earns one lakh rupees per month and the wife also earns one lakh rupees per month, then alimony is not necessary. If the economic condition of both is the same. However, if there are more financial burden like care of children on any one of the husband and wife, the court can order financial assistance.
Can a husband also get alimony?
Elimination is usually related to getting financial assistance from husbands from wives. However, Indian law allows men to seek alimony under certain conditions. Under the Hindu Marriage Act, 1955, the husband can seek alimony under Section 24 and 25, which adopts the gender neutral approach. However, the 1954 Special Marriage Act, the Indian Civil Protection Code of 2023, the Hindu Adoption of 1956 and the Maintenance Act of 1956 and the Women’s Protection Act from Domestic Violence Act mainly focus on giving alimony to wives by husbands.
Mohanty said that the husband can get alimony only under extraordinary circumstances. He would have to prove in the court that he was financially dependent on his wife for a valid reason, such as it was difficult to earn him due to disability. However, courts often do not interested in giving alimony to men and such cases are settled on the basis of facts.
What is law in other countries
The rest of the countries have their own ways to fix alimony, some countries follow strict formulas while other countries use wide guidelines. Advocate Anshuman Singh of Patna High Court said that in countries like America, some state uses formulas, while others look at many aspects such as income, duration of marriage and earning capacity of both partners. The courts in Britain focus on fairness, ensuring that both spouses maintain a proper standard of living.
Anshuman Singh said that short -term financial assistance is given priority in European countries like Germany and France. In Scandinavian countries, rarely alimony is given, as both partners are expected to be self -sufficient. He said that alimony in China and Japan is unusual and it usually includes a lump sum agreement. In the Middle Eastern countries that follow Sharia law, alimony is usually short -lived, which only covers the waiting period after divorce.
Wife to court sympathy
He said that alimony in western countries is often determined by gender neutral and formula. In these countries, courts often give a lump sum agreement instead of life payment. Meanwhile, the Indian courts focus on the husband’s income and wife’s dependence, following the case-by-case approach.
Anshuman Singh said that a blame-based divorce system is followed in India, where the wife often gets the first sympathy of the court, and the husband has to prove specific allegations such as cruelty or adultery. In contrast, many western countries follow the flawless divorce system, where the courts adopt more neutral attitudes. Indian courts can pay alimony as a lump sum or monthly payment based on the case.
(Disclaimer: The ideas, opinions, recommendations and suggestions of the expert in this article are their own and do not show the ideas of India Today Group.)