Under the Hindu Marriage Act, 1955, a woman in India can seek alimony and maintenance from her husband post-divorce under Section 24 and Section 25. Section 24 of the Act provides for maintenance pendente lite, where a spouse who has no independent income sufficient for his or her support can request the court to order the other spouse to pay the monthly maintenance. Section 25 provides for permanent alimony and maintenance.
Under the Code of Civil Procedure, 1908, Order 21, Rule 33 provides for the enforcement of decrees for maintenance. If the court is satisfied that the party against whom the decree for maintenance has been passed has disobeyed or failed to comply with the decree, it may issue a warrant for levying the amount due in the manner provided for levying fines.
To secure a fair alimony agreement, it is important to:
- Document all assets: Both parties should disclose all their assets and liabilities. This includes income, property, investments, etc.
- Consider future financial needs: The alimony agreement should take into account future financial needs such as living expenses, medical expenses, education expenses for children, etc.
- Seek legal advice: It is advisable to seek legal advice to understand one’s rights and obligations and to negotiate a fair alimony agreement.
- Keep records: Keep records of all payments received or made as these may be required in case of any dispute in the future.