Are you getting divorced? Do you know the meaning of alimony? Are you also worried about how to get a divorce without alimony in India? If yes, you are at the correct place for guidance. Today’s blog post will exclusively talk about how to avoid alimony after divorce.
Taking divorce is a better option if things have gone out of control. Honestly, it can be the most bitter memory of a couple, if things aren’t settled mutually. Instead of bearing the pressure and living in an unhappy marriage, it’s better to take the right decision and end your marriage. Divorce is surely painful and can affect the mental health of both spouses. Apart from legal formalities and stress, it brings along multiple insecurities and financial insecurity is one of them.
People nowadays are afraid to file a divorce because of the false conception that they have to pay alimony to their partners. Here you’ll explore what exactly alimony means and whether can there be divorce without alimony. If you are going to apply for divorce and have questions like, can a husband refuse to pay alimony in India? this blog is a must-read for you. So without any further ado, let’s start this fascinating discussion on how to get a divorce without alimony in India.
What Is Alimony?
In general understanding, alimony is the money payable to a spouse after divorce or during divorce proceedings. In simple words, it is financial support given to a wife or husband as maintenance for the basic expenses on the court’s order. The word ‘Maintenance’ is often interchangeably used for Alimony.
Alimony is not a compulsory provision in India, and there are many divorces that take place without any demand for Alimony. It is generally given to the spouse by the other partner if he/she is dependent on him/her for basic expenses and standard living.
Does India Have Alimony?
Yes, India does have an Alimony system, which is dealt with through personal or religious laws in India. Section 25 of the Hindu Marriage Act, of 1955 talks about Alimony and mentions the condition in which a person is liable to demand Alimony from his or her partner. This law doesn’t differentiate between husband and wife and allows any of them to demand Alimony on the basis of the financial status and income of the partner.
So if you think can a husband refuse to pay alimony in India, or can there be divorce without Alimony, the answer is yes!
Section 36 and 37 of the Special Marriage Act, of 1954 also talks about the laws and rules regarding alimony and maintenance in India. This provision mainly focuses on wives because generally they are the dependent ones and gives them the authority to demand alimony in court from her husband for financial support and other necessary expenses.
The section 36 and 37 of Special Marriage Act, 1954 makes the alimony and related laws a bit woman centric and raises questions like is divorce without alimony in India possible, or can a man get alimony in India!
Well here you need to know that the couples who are married under Hindu Marriage Act, 1955 Section 25 can demand alimony from each other. However, in the couples who have done court marriage under the sections 36 and 37 of second law which is the Special Marriage Act, 1954 only women have the rights and authority to demand alimony.
So, if your separation isn’t happening with mutual consent, and you want to get divorce without Alimony in India, you need to get yourself mentally prepared for a long legal battle and get the support of the best divorce lawyers in Delhi.
What Factors Are Considered into Account to Calculate Alimony in India?
If you are looking for a way to avoid alimony in India, it is essential to understand the criteria through which alimony will be imposed on you.
- The yearly income of both partners, with their assets like property, and vehicle are taken into consideration.
- The Section 25 of the Hindu Marriage Act clearly defines that the amount of Alimony payable depends on the income of the respondent, their own income, and other financial assets.
- Liability of the partners, like who is dependent on the parents, pays loans, etc.
- Educational expenses for the child.
- The period of marriage decides the amount of Alimony. More years of marriage demand a high amount of Alimony.
- Net income is calculated after deducting the necessary EMI’s and tax from the total money of the spouse.
- Allegations against both parties. When both parties are financially stable, then the focus will be on allegations. If the husband has done something extremely wrong to her wife, he has to pay her Alimony or vice versa.
Is It Possible to Avoid Alimony in India?
Absolutely yes, although as per the rules and laws of the Indian Constitution, the spouse is liable to provide alimony if the partner raises the demand for it in the court. But one can also avoid alimony by following the tips given in the upcoming section.
Alimony Related Laws in India
Before applying for divorce without Alimony, you need to know which section of the Indian Constitution deals with Alimony provisions. Here are the laws and sections associated with Alimony in India: –
- Section 36 and 37 of Special Marriage Act, 1954
- Section 25 of Hindu Marriage Act, 1955
- Section 18 and 23 of Hindu Adoption and Maintenance Act, 1956
- Section 125 of the Code of Criminal Procedure, 1973
Now, let’s take a look at the ways through which you can avoid paying Alimony to your spouse in India.
7 Ways to Get Divorce Without Alimony in India
25% of salary is the standard benchmark of paying Alimony. As mentioned by the hon’ble Supreme Court of India, the husband is liable to pay 25% of the monthly salary as Alimony to his wife after the divorce. However, if you want to get divorce without alimony in India, you can take shelter of the following exceptions mentioned in the Constitution of India.
If Your Partner Cheated On You (Adultery)
Let’s suppose your partner has cheated on you, and you can prove this in court, then you can easily refuse to pay alimony. Simply put, if your partner is proved to be unfaithful to you, you can use it as a strong and valid reason to not give alimony. Here the infidelity offers an advantage and if the counter partner can show the proof of extramarital affair in the court, he/ she can deny paying alimony to the court.
When Your Spouse Earns More
If both the spouses are earning and the applicant earns more than the respondent, he/she has the right to deny Alimony. For instance, your wife earns significantly more than you, in this case you can demand the court to waive the Alimony portion. You need to show proper proof in court like documents, important papers, etc. Furthermore, you also need to show your incapability of paying Alimony. And if the court finds out that the applicant is capable of maintaining the same standard of life even without the Alimony, it can null and void the Alimony provision for you.
Spouse Has Moved In With the New Partner
You can take divorce without alimony in India if your spouse has already started living with the new partner, who can take good care of them. However, this is only valid in certain states of India, but you should definitely take a chance and try your luck by mentioning this information in your divorce decree.
Change the Way of Your Living
Well if you are married under Hindu Marriage Act the situation can be reversed and being the wife you can also be liable to pay Alimony if your husband earns less than you or is a dependent on you. In this case, you need to make significant changes in your lifestyle and downgrade your living standard, otherwise you may end up being trapped in this financial bind. It’s best to take guidance from the experienced divorce lawyers in Delhi in such exceptional cases.
Part the Ways As Soon As Possible
As mentioned above duration of marriage plays an important role in deciding the alimony, it means the older the marriage the higher the alimony. See the amount of the alimony paid generally varies from state to state, but the length of the marriage is a permanent factor, so it’s best to end the divorce procedure as soon as possible in order to avoid hefty financial binds for a lifetime. Besides this, ending marriage quickly also relives the emotional distress and helps you move on in your life.
Prove That Your Partner Doesn’t Need Alimony
There are certain people who demand alimony to ruin the mental peace of their spouse when things don’t go according to their plan. They are capable of living a decent lifestyle in some cases luxurious life even without alimony and have no reason to make such financial request, but they still demand it to take revenge on their partner. If you are in a similar situation, keep a check on the assets of your spouse, for this you can hire a forensic accountant. Once you get enough evidences of your spouse’s assets, present them in court, and you will get divorce without alimony in India.
In case the respondent is physically disable and incapable of earning his/her own bread and butter, then the court can cancel out the Alimony request of the other partner. Even the entire request can overturn, and the court can order the applicant to pay Alimony if he/she is earning a decent amount. But this can only happen if the representation of your case is done properly. You need to understand that the courts’ judgement can be influenced by your divorce case’s representation, so it’s best to hire experienced divorce lawyers in Delhi.
Divorce is never easy, and your partner can make it worst for you by demanding Alimony. If you want to seek divorce without Alimony in India, you should get the support of only the best divorce lawyers in Delhi because the way lawyers present your case in the court can make or break the rest of your life. Initially you may feel that the lawyer is asking a lot but trust me the amount is worthy and can save you from giving 25 % of your salary to your spouse.
Besides this, you also need to be wary of the stupid suggestions of downgrading to a low paying job or filing for bankruptcy given by the relatives and friends as it can cause long term damage in your life. The only words of wisdom I can give you here is that always trust well-qualified and experienced divorce lawyers in Delhi when it comes to dealing with sensitive issues like Alimony.