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Brishti Chanda
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In India, the laws of the Hindu Marriage Act, 1955, the Muslim Personal Law (Shariat) Application Act, 1937, and the Code of Criminal Procedure, 1973 govern women’s alimony rights following divorce. The precise rights and entitlements may differ depending on the personal laws that apply to the individuals involved as well as their religious affiliations. Here are some crucial elements about women’s alimony rights in India:
Hindu Law: According to the Hindu Marriage Act, each spouse can seek maintenance or alimony from the other spouse during and after a divorce. Alimony amounts and duration might vary depending on a number of circumstances, including the financial capacity of the spouse liable for paying alimony, the level of living during the marriage, and the needs of the person requesting alimony.
Muslim Law: In the case of divorce among Muslims, the principles of maintenance are determined by the parties’ personal law. The wife is entitled to “Mehr” maintenance at the time of marriage and “Iddat” maintenance throughout the waiting period after divorce. Furthermore, the wife may be entitled to “Mahr” or postponed dower, which is a sum of money or property agreed upon at the time of marriage.
The Special Marriage Act, 1954, which applies to interfaith marriages, allows either spouse to seek maintenance from the other in the event of divorce. Alimony principles are identical to those outlined in the Hindu Marriage Act.
Section 125 of the Code of Criminal Procedure, 1973, applies to all religions and provides for the sustenance of spouses, children, and parents. A divorced wife who is unable to support herself is entitled to maintenance from her ex-husband.
It is crucial to note that the particular amount and duration of alimony are determined on a case-by-case basis, with the courts considering numerous variables such as the parties’ financial capabilities, the requirements of the spouse seeking alimony, and the general circumstances of the case. If you or someone you know is seeking alimony after a divorce, it is best to speak with a skilled lawyer who can advise you based on your individual circumstances and applicable laws.