How is the amount of alimony decided?
The court decides the amount of alimony by taking into consideration several factors, such as: husband's income and property, wife's income and property, how long the marriage lasted, reason for divorce, responsibility of children (if any), etc. Since every case is different, there is no fixed amount for alimony. At the same time, the law keeps changing from time to time. The Hindu marriage Act 1955 and the Special marriage Act 1954 are laws related to divorce and alimony. A wife can also ask for alimony under Section 125 of the Code of criminal Procedure 1973.
Under what circumstances is a wife not entitled to ask for alimony in a divorce case?
Patna high court advocate Tabish ahmed said, in only a few circumstances a husband can avoid paying alimony to his wife. Section 125 CrPC has now become Section 144 BNSS. According to indian law, a wife has the right to alimony in a divorce case, but in certain circumstances this right may be limited or she may not get alimony.
According to Section 144(4) of the indian Civil Protection Code 2023, no wife shall be entitled to receive maintenance or allowance for the cost of litigation from her husband if she is living in adultery or refuses to live with her husband without sufficient cause or if they are living separately by mutual consent.
If the reason for divorce is any misconduct of the wife, such as adultery, cruelty, or desertion, then the court may refuse to grant her alimony. If the wife has remarried after the divorce, she will not be entitled to seek alimony from her first husband. This is because now her new husband is responsible for her.
If the husband's financial condition is very bad and he is not able to pay the alimony, then the court can refuse to pay the alimony to the wife or can order to pay a lesser amount of alimony. But every case is different. On the other hand, if the husband and wife are getting divorced by mutual consent and make an agreement about the alimony beforehand, then the wife cannot ask for alimony separately. This agreement should be in writing and should be accepted by both the parties.
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