Recently, a Mumbai couple got divorced after more than 25 years of marriage. But it is important to discuss this divorce because in this the wife gave alimony to her husband in 9 figures i.e. about Rs 10 crore. Generally, in divorce cases, people feel that the husband has to pay money to the wife for maintenance and alimony. The reason for this is that they do not have correct knowledge of the rules and laws related to it. For any couple, going through the process of divorce is not only socially and mentally harassing, it also affects their financial condition. Therefore, you should understand about some provisions related to divorce…
In India, people of different religions are allowed to marry according to their customs. Therefore, the provisions for divorce are also different. Marriage arrangements among Hindus are guided by the Hindu Marriage Act. Such provisions have been made in this, where not only the wife but also the husband has the right to demand maintenance and alimony from his wife.
Sections of Hindu Marriage Act
Section 9 of the Hindu Marriage Act talks about 'Restitution of Conjugal Rights' (RCR). When husband and wife live apart from each other without any concrete reason, then either party can go to the court and ask the other party to live together. If the court order is not followed, then either of the parties can demand divorce. The divorce process can be started only after the settlement of this case. However, in case of divorce by mutual consent, this section has no validity.
Under RCR, the court can also order assessment of the property of both the parties. Whereas the application for divorce can be made only after about a year after the RCR process is over. At the same time, provisions for maintenance and alimony have been made in Section 25 of the Hindu Marriage Act, in which both husband and wife have been given rights. However, it has some conditions. Whereas in marriages taking place under the Special Marriage Act, only the wife has the right to ask for maintenance or alimony.
When women have to pay money in divorce
In divorce cases, men can also demand alimony from their wives. After the end of a relationship, a husband can ask for alimony from his wife when he has no source of income. A husband can demand alimony from his wife even if his income is less than that of the wife. However, such cases are rarely seen and generally it is the husband who gives maintenance or alimony to his wife.
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