Adv Shraddha asare
Below are the alimony laws in India –
– 1. Section 125 of the Code of criminal procedure 1973 provides for the maintenance to be provided to wives, children, and parents. This section is ‘Religion Neutral’ as any Indian Citizen can claim the maintenance under it. One of the most popular cases in this regard is Mohd Amhed Khan vs Shah Bano Begum.
– Section 25 of the Hindu marriage act 1955 provides for the permanent alimony and maintenance. One of the exciting features under Hindu marriage act is that both the husband and the wife are entitled to claim alimony depending upon their need.
– Section 18 of the Hindu Adoptions and maintenance act 1956 provides for the maintenance which can be claimed by the wife from her husband. According to this act, woman is to be maintained by her husband for lifetime however certain exceptions are there.
– Section 37 of the Special Marriage 1954 act also empowers women to claim alimony from their husband. Even under this act, only the wife is empowered to claim for alimony and not the husband.
– Section 36 of the Indian Divorce Act 1969 provides for the alimony of Christians in India. Under Section 36, a woman can claim her right to alimony and the husband will be entitled to pay the alimony, if directed by the Court.
– Section 3,4 and 5 of the Muslim Women (Protection of Rights on Divorce) Act, 1986 deals with the subjects as to how one secures maintenance for Muslim wife.