When a marriage ends, figuring out maintenance and alimony (financial support) is crucial. 'Maintenance' typically means ongoing living costs, while 'alimony' can be a one-time payment. Courts decide the amount based on factors like income, assets, and lifestyle during marriage, as per laws like the Hindu Marriage Act, 1955 (Sections 24 & 25), the Special Marriage Act, 1954 (Section 37), and the Hindu Adoption and Maintenance Act, 1956 (with Section 23 outlining factors for determination). Additionally, Section 125 of the Code of Criminal Procedure, 1973, provides a secular framework for maintenance, ensuring financial support for spouses, children, and parents across all religions, regardless of the personal laws governing their marriage. This provision is vital for securing basic sustenance when marital or familial support fails.
Additionally, the Protection of Women from Domestic Violence Act, 2005, under Section 23, empowers courts to issue urgent interim orders, including monetary relief, residence orders, and protective measures, to safeguard women facing domestic violence, offering swift recourse in crises.
For Muslim women, the Muslim Women (Protection of Rights on Divorce) Act, 1986, outlines specific post-divorce financial entitlements, such as maintenance during the iddat period and a reasonable provision for future sustenance, ensuring their economic security after marital dissolution.The Muslim Women (Protection of Rights on Marriage) Act, 2019, further enhances protections by criminalising triple talaq, indirectly supporting financial stability through the regulation of unilateral divorce practices. Navigating this complex web of financial laws, each with distinct procedures and eligibility requirements, can be difficult and often requires legal guidance to effectively secure rights and remedies.
Advocate Amol Khobragade is an expert in this field, dedicated to meticulously assessing financial situations and advocating for fair and equitable settlements.