Financial & Support Matters-India FAQs
- Is a spouse entitled to maintenance after divorce in India?
Yes. Under the Hindu Marriage Act 1955 (Section 25) and corresponding provisions in other personal laws, a court may grant permanent alimony and maintenance on or after passing a decree. The amount is assessed having regard to both parties’ income, property, and needs. Under Section 125 of the Code of Criminal Procedure, any spouse of any religion unable to maintain themselves may also claim maintenance independently of matrimonial proceedings.
- What is interim maintenance and when can it be claimed?
Interim maintenance under Section 24 of the Hindu Marriage Act 1955 may be claimed by either spouse during the pendency of matrimonial proceedings– before any final decree is passed. It ensures a financially weaker spouse is not disadvantaged during litigation. Applications are heard on an urgent basis and decided on approximate income figures. A separate application for the costs of proceedings may also be filed alongside.
- How is the amount of maintenance determined?
There is no fixed formula. Courts assess maintenance having regard to the claimant’s needs and standard of living, the paying party’s income and earning capacity, the duration of the marriage, and each party’s contributions. ATB Legal prepares the financial affidavits and documentary evidence required to present the strongest case on quantum.
- How is matrimonial property divided in India?
India does not have a matrimonial property regime that automatically divides assets on divorce. Property remains with the person in whose name it is held, subject to joint ownership or equitable claims. Courts have discretionary powers to make property settlements as part of matrimonial proceedings. Most property matters are resolved by negotiated agreement.
- Can a maintenance order be varied after it is made?
Yes. Either party may apply to vary a maintenance order where there has been a material change in circumstances– a significant change in income, remarriage, change in the dependent’s needs, or a child reaching adulthood. The applicant must demonstrate the material change to the same court that made the original order.
- Can a maintenance order made in India be enforced abroad?
Enforcement of Indian maintenance orders in foreign countries depends on bilateral legal arrangements and the domestic law of the foreign country. In most cases, a fresh application must be made in the foreign jurisdiction using the Indian order as evidence.