Published On: Wed, Apr 19th, 2017

Alimony Amount Assessment

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Alimony Amount Assessment-Important factors- As per Hindu Law

 

The alimony amount is given at the time of dissolution of marriage. It is a financial support to either spouse who is unable to earn or unable to maintain himself/herself. The alimony amount can be claimed by either spouse but usually wife claims it from husband in our patriarchal society. The alimony amount depends on various facts, contexts and their assessment by the court and there is no specific mathematical formula to calculate it despite considerations of all factors involved

The alimony amount can be provided as one-time payment or as periodical/monthly payment.

 

Online Legal Advice

 

Important points while determining the alimony amount

 

  1. Husband’s income from various sources(salary, rent, premium from insurance policies/mutual funds etc.) and his assets, esp. self acquired
  2. Other mandatory deductions from income of either spouse such as income tax, loan repayments etc.
  3. Other liabilities of either spouse such as dependents (old parents).
  4. If the other spouse is working and he/she has own income source, the same will be taken into consideration while determining the alimony amount.
  5. The social status and life style of either spouse may also be taken into consideration while determining the alimony amount.
  6. The expenses of children, education, living cost etc. will be considered.
  7. Period of marriage, age and health of either spouse.

 

Statutory law References.

 

Section 25 of Hindu Marriage act 1995

Section 37 of Special marriage act 1954

Section 36 of Divorce act 1869

 

Important Judgments

  1. Sree v. U. Srinivas, (2013) 2 SCC 114 (Supreme court)
  2. Ruby Vs Debasish Pradhan 118(2014) CLT859 (Supreme court)
  3. Vinny Parmar vs Paramvir Parmar 2011(3)RCR(Civil)900 (Supreme court)
  4. Sumitra Manna vs. Gobinda Chandra Manna (AIR 1988 Cal 192)

Important Do: –

  1. Disclose all the facts related to the marriage.
  2. Disclose the status of pending cases and details.
  3. Provide the income details of either spouse.
  4. Provide the self-acquired property details of either spouse.
  5. Provide children details & their expenses.

 

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