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| Top 10 Issues To Be Resolved In a Divorce |
Divorce is one of the most tragic events a couple can go through to add to this it is a very long and costly process in India. In our country, maintenance and alimony are a matter of great discussions, so as a common citizen, it will really help you if you know your basic rights. In India, there are different divorce laws for different religions. The Hindu marriage act, 1955 allows the members of Hindu, Sikh, Jain, and Budh society to seek a divorce by filing a petition before the court. The special marriage act of 1954 is another secular law that governs divorce cases in India. In both mutual consent and contested divorce there are few issues that must be resolved.
The first big issue is alimony. Alimony is a fixed amount that can be claimed when the wife cannot maintain herself after divorce. The alimony is decided by the court after looking at factors. As per the law, there is no fixed amount of alimony. The court usually awards 30 to 40 percent of the total income and assets of the husband as the alimony to the wife. The amount can be in the form of a lump sum or in installments. Some people get confused about maintenance and alimony. Maintenance is a payment on a regular basis; However, alimony is one time. The court decides it taking consideration of both the involved party to grant either maintenance or alimony. The concept of maintenance in India is covered both under section 125 of the code of criminal procedure, 1973 and the personal laws, under the Hindu laws, the Hindu marriage act, and the Hindu adoption and maintenance act, 1956. Any wife or children can seek maintenance from the husband or the father if they cannot maintain themselves and the husband is duty-bound to provide maintenance. The court calculates the amount of maintenance after taking several factors into consideration such as the husband’s income, property, wife’s employment, and financial status. According to Hindu laws, there are two types of maintenance. The first maintenance that the husband pays from the date on which the wife applied until dismissal is called interim maintenance. The second is permanent maintenance; the husband pays that after the divorce. However, the wife may not be eligible for maintenance under certain circumstances like she has remarried or if she is guilty of adultery.
The second important decision a couple has to take is child custody. If a couple has a child or several children, then they have to decide whether they will stay with the father or the mother. There must be a determination of both physical and legal custody, and they should make a mutual decision regarding the welfare of the child or children. Along with child custody, another important issue is child support. The maintenance of children is to be provided separately, which also continues if the wife remarries. Maintenance to boys or the son is given till the age of 18 and maintenance to the girls or the daughter until the age of 25. If the spouse stops or delays maintenance then you can file a petition in the court after which the maintenance amount is deducted by the spouse’s employer and given to you before they pay the person the salary. Both parties must solve all the issues by mutual consent, but if any of the parties don’t mutually decide regarding alimony or child custody, then they can’t take a mutual divorce. One thing to be noted is that the parties intending to get separated by mutual consent need to wait at least one year from their marriage. In India getting a divorce is never easy, but if you know your rights, then it can make your future a little easier.
Written by Adv. Sarika Khude
Written by Adv. Sarika Khude
Rajgurunagar, Pune
This article is written for educational purposes, this is not for any kind of advertisement of the writer.