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Adv Shubham Jindal
Adv Shubham Jindal. | 1 month ago | 242 Views

Demand Of Alimony After One Month Of Marriage 91-8877001993

According to reports, a woman demands alimony of Rs 40 lakhs from her husband recently after just a month of marriage. Such a case opens different emerging facets of the social, legal, and ethical issues surrounding marriage, divorce, and alimony in India.

What is an Alimony?

  • Alimony is the term used for spousal support, one partner's financial obligation to the other after divorce, separation, or any event certainly following the said events to maintain the spouse's standard of living after the event.
  • It is usually given for the purpose of helping the partner with the lower income or with no income to become self-reliant or to improve their financial position, particularly when one partner had to forfeit career advancement while married.

Why in the News?

  • Recently, a video clip showing a court hearing went viral on social sites and a Woman demands alimony of Rs 40 lakh from her husband just one month after marriage. The dramatized proceedings thus went viral and sparked much debate around marital discord and financial settlements.
  • The husband's lawyer argued in the packed courtroom that the husband could not offer his wife more than Rs 30 lakh. She demands Rs 40 lakh, but my party is willing to provide Rs 30 lakh. Simply put, he cannot afford it. The judge would question the two-bench, "How much is the compromise?" prior to this. 
  • At the previous hearing held on March 5, 2024, the husband had proposed a settlement of Rs. 15 lakhs. Afterwards, there were talks during which he raised his offer to Rs 30 lakh.
  • Yet, even that has just remained as an upper limit, and thus, the indomitable demand of the woman at Rs 40 lakh for the divorce could not leave almost anything to both parties.

Key Points of Alimony Laws

  • Marriage Duration: While the duration of marriage can impact the alimony amount, it is not the only factor. The other factors include joint financial positions, the ability of the wife to sustain herself and the income earned by the husband. 
  • Lifestyle and Needs: The spouse aiming to obtain an alimony payment should have at least the same standard of living that existed during birth of the marriage. 
  • Misuse Allegations: A loud concern is being made about the misuse of alimony laws by either side.

Calls for Reform

Such incidents have driven demand for reforms in the alimony legislation in order to make it relatively impartial and more representative of the prevailing conditions. The suggestions are as follows: 

  • Define specific parameters clearly for alimony amounts that can be derived from length of marriage and contribution from each spouse.
  • Put some ceiling on alimony demand for short-term marriages.
  • Encourage prenuptial agreements for reduced disputes.

This is only a case of one woman who has been separated from her husband for about a month and demands an amount of Rs 40 lakh as alimony. This will, however, be the case for many modern marriages, legal systems, and, particularly, social expectations. Though there may or may not be a legal verdict on the case, it significantly reminds the need for increased transparency, equity, and understanding in marital disputes.

Changing societies, on the other hand, need to nail down the rights of individuals with their sanctity to marriage. Cases like that will only highlight the necessity of having strong laws which deliver justice to all parties concerned by curbing malpractices in that arena. Whether it will set a precedent or purely be an incident remains to be seen, yet such a case has, for sure, generated debates on the shifting contours of marriage and divorce in India.

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