In India, alimony isn’t determined by a fixed formula. Instead, courts consider a range of factors to ensure fairness. These include:
- The financial status of both spouses
- Their earning potential
- Contributions to the marriage
- Lifestyle during the marriage
For instance, take the recent case of cricketer Yuzvendra Chahal and choreographer Dhanashree Verma, who were granted a divorce by a Mumbai family court. As part of the settlement, Chahal was ordered to pay Dhanashree ₹4.75 crore as alimony.
Nikita Anand, a Family Law Advocate and Partner at Magnus Legal Services LLP, explains, “Alimony in India isn’t a one-size-fits-all calculation. Courts assess the financial standing of both parties, their earning capacity, and their roles during the marriage.”
Real-Life Scenario: How Courts Decide
Imagine Priya, a homemaker for 20 years, divorcing her wealthy businessman husband, Rajesh. Despite being educated, Priya sacrificed her career to support Rajesh’s business and raise their children. In such cases, the court would consider:
- Priya’s lack of independent income
- Rajesh’s substantial earnings
- The lifestyle Priya enjoyed during the marriage
The alimony awarded would aim to ensure Priya maintains a similar standard of living post-divorce, while also considering Rajesh’s ability to pay.
Key Factors Courts Consider
The Supreme Court of India has outlined several factors for determining alimony, as seen in the case of Parvin Kumar Jain vs Anju Jain (2024 INSC 961). These include:
- Financial and Social Status: The income and social standing of both spouses.
- Reasonable Needs: The financial needs of the wife and dependent children.
- Employment Status: The qualifications and earning potential of both parties.
- Standard of Living: The lifestyle enjoyed during the marriage.
- Sacrifices Made: Contributions to family responsibilities, such as childcare or supporting a spouse’s career.
- Legal Expenses: Costs incurred by a non-working spouse during the divorce process.
- Husband’s Financial Capacity: His income, assets, and liabilities.
The court also cautions against the misuse of women-centric laws, emphasizing that alimony should protect the dependent spouse, not penalize the other.
Can Men Claim Alimony in India?
While alimony is often associated with wives receiving financial support, Indian law does allow men to claim alimony under certain conditions.
Under the Hindu Marriage Act, 1955, a husband can seek alimony under Sections 24 and 25, which take a gender-neutral approach. However, laws like the Special Marriage Act, 1954, and the Protection of Women from Domestic Violence Act, 2005, primarily focus on husbands paying alimony to wives.
Srisatya Mohanty, Advocate-on-Record at the Supreme Court, explains, “A husband can claim alimony only under exceptional circumstances, such as proving financial dependency due to disability or other valid reasons. Courts handle such cases strictly based on facts.”
How Alimony Works in Other Countries
Alimony laws vary widely across the globe. Here’s a quick comparison:
- United States: Some states use formulas, while others consider factors like income, marriage duration, and earning capacity.
- United Kingdom: Courts focus on fairness, ensuring both spouses maintain a reasonable standard of living.
- Europe: Countries like Germany and France prioritize short-term financial aid, while Scandinavian nations rarely grant alimony, expecting both partners to be self-sufficient.
- Asia: In China and Japan, alimony is uncommon, often involving one-time settlements. In Middle Eastern countries following Sharia law, alimony is typically short-term, covering only the waiting period post-divorce.
Anshuman Singh, Advocate-on-Record at the Patna High Court, adds, “Western countries often follow gender-neutral, formula-driven systems, while India takes a case-by-case approach, focusing on the husband’s income and the wife’s dependency.”
Final Thoughts: Alimony in India vs. the World
In India, alimony is designed to ensure financial fairness, especially for spouses who sacrificed careers for family. While the system leans towards protecting women, men can also claim alimony under specific conditions.
Globally, alimony laws reflect cultural and legal differences, with Western countries favoring gender-neutral approaches and one-time settlements, while India emphasizes long-term support based on individual circumstances.
Whether you’re navigating a divorce or simply curious about the process, understanding how alimony works can shed light on this complex yet crucial aspect of family law.