Alimony & All BAout It- By Advocate Ajay Singh Malik | Family & Divorce Lawyer, Delhi NCR
🧾 Alimony in India – Know Your Legal Rights After Divorce
By Advocate Ajay Singh Malik | Family & Divorce Lawyer, Delhi NCR
🌐 https://advajaysinghmalik.com
✅ What is Alimony?
Alimony, also known as maintenance, is a legal right in India that allows a financially dependent spouse to receive support from the other spouse after separation or divorce. The goal is to help the dependent partner maintain a lifestyle similar to what they had during the marriage.
Whether you are a husband or wife, you may be eligible to receive or liable to pay alimony depending on your situation.
✅ Who Can Claim Alimony in India?
Alimony is not gender-specific.
Although it is usually women who claim maintenance, men can also claim alimony if they are financially dependent on their spouse.
You can claim alimony if:
- You are legally married (including under Hindu, Muslim, Christian, or Special Marriage Act)
- You are unable to maintain yourself
- Your spouse has sufficient income or assets
👉 Common Situations:
- A housewife seeking support after divorce
- A husband unable to work due to disability or illness
- A dependent spouse after a long-term marriage
✅ What Are the Laws Governing Alimony in India?
Depending on the religion and type of marriage, different laws apply:
- Section 125 CrPC (Criminal Procedure Code) – Maintenance for wife, children, or parents.
- Section 24 & 25 of Hindu Marriage Act, 1955 – Maintenance during and after divorce proceedings.
- Section 36 & 37 of Special Marriage Act, 1954 – For inter-religious marriages.
- Muslim Women (Protection of Rights on Divorce) Act, 1986 – For Muslim couples.
- Christian Divorce Act – Section 36 of Indian Divorce Act.
💡 Consult a family court lawyer to understand which law applies to your case.
✅ Types of Alimony in Court
- Interim Maintenance
Temporary financial support during the pendency of the divorce case. - Permanent Alimony
Granted at the time of final divorce judgment—can be a monthly amount or a lump sum settlement.
✅ How Much Alimony Can Be Awarded?
There is no fixed formula, but Indian courts consider several key factors:
🔹 Income of both spouses
🔹 Standard of living during marriage
🔹 Duration of the marriage
🔹 Age and health of the spouses
🔹 Financial needs of children (if any)
🔹 Liabilities, loans, dependents
💬 On average, courts may grant 20% to 33% of the paying spouse’s monthly income as alimony, depending on case facts.
✅ Can Alimony Be Denied?
Yes, courts can reject an alimony claim if:
- The spouse claiming alimony is earning enough to maintain themselves
- The spouse is in a live-in relationship or has remarried
- The claimant is found guilty of cruelty, desertion, or fraud
💡 That’s why having a good legal strategy is very important.
✅ Important Legal Tips for Alimony Cases
📌 Always have income proof like salary slips, bank statements
📌 Submit a clear list of expenses and liabilities
📌 Try to negotiate a mutual settlement if possible
📌 If facing harassment or false cases, take immediate legal help
📌 File for interim maintenance if you cannot support yourself during the case
✅ Why You Need an Advocate for Alimony Matters
Whether you are claiming alimony or defending against an unreasonable demand, a qualified advocate can:
- Draft strong legal arguments
- File the correct legal petition
- Represent you in family court
- Help in out-of-court settlement or mediation
- Protect your rights and property
📞 Get Legal Help for Alimony in Delhi NCR
If you’re going through a separation or divorce and confused about your rights, don’t worry. I, Advocate Ajay Singh Malik, specialize in alimony and family law cases. Whether you’re a husband or wife, I’ll help you protect your legal and financial interests.
📍 Based in Delhi NCR | Online & In-Person Consultations Available
🌐 Website: https://advajaysinghmalik.com
📞 Call Now: 91-8766252309
📩 Email: contact@advajaysinghmalik.com
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