Tips to avoid paying maintenance after divorce to the wife

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Tips to avoid paying maintenance after divorce to the wife

Key Factors

1. Proof of cheating, second marriage, intentionally refuse to live together, or a restitution decree passes by the concerned Court.

2. Several laws have been passed through time by the Indian government in favor of women under which they can seek maintenance.

3. The Special Marriage Act, the Hindu Marriage Act, the Hindu Adoption and Maintenance Act and the Domestic Violence Act are all acts that are taken into account while determining the wife's maintenance. 

4. Section 125 of the Criminal Procedure Code deals with the provision of maintenance and is based upon the husband's financial inefficiency and his failure to pay his wife's maintenance money.

Brief 

Civil cases involving alimony and maintenance are rather common in courts. Both parties are likely to have a counter-effect on the other, with one receiving substantial maintenance or alimony while the other pays the smallest amount of maintenance if any, feasible. 

Women, on the other hand, who are frequently victims of language and legalities, often suffer post-separation owing to the husband's refusal to pay alimony. 

Before understanding how a husband can save himself from paying maintenance, it is important to know when women might be refused maintenance payments and what laws protect them from losing their eligibility to maintenance & Alimony.

6 Scenarios where maintenance can be avoided by the husband if proven

Apart from women whose income is sufficient to meet their basic needs, the following A list of women's Scenarios, if confirmed, can help husbands from paying maintenance.

1.Where Wife is involved in Adultery

No woman shall be entitled to maintenance from her husband if she is involved in adultery, according to sub-section 4 of section 125 of the Cr. P.C stated that if adultery is involved, the criterion of the woman's income is also disregarded.

2.Where wife enters into a second marriage

It Stated that if a woman enters into a contract for a second marriage, she gives up her right to receive maintenance from her first Husband.

3.Where wife intentionally refuse to live with      her husband

The husband's obligation to give maintenance to his wife will be disrupted if the wife deserted her husband and intentionally refuse to live with him. It must, however, be proven that the wife has imposed needless requirements and limits on the husband’s ability to live together or has flatly refused to do so.

4.Where women’s fault is clearly visible which led to the couple’s marriage to the end.

Even if a woman is eligible for maintenance amount after the divorce, the amount entirely depends upon the Court’s discretion which considered the guilt and fault of the wife which led to the end of sacred bond i.e. Marriage.

5.Where the husband is no longer employed     and financially broke

If such a situation occurs, the husband can file an application to the concerned family court that issued the maintenance order, requesting for the maintenance order to be modified. If the husband's reasons for being unable to support his separated wife are found to be valid, the Court has the discretion to halt, postpone, or adjust the maintenance amount as it deems suitable.

6.Where husband succeeded to get a decree of restitution in favor of him & against the wife.

If the husband succeeded to get a decree of restitution in favor of him & against the wife, the court will observe the conduct of both parties. The court will observe either whether the wife has challenged the decree of restitution or intentionally refuse to live with her husband the concerned court considered the maintenance.

5 Laws Under which women’s seek relief for   Maintenance 

1. Special Marriage Act, 1954

Section 36 of this Special Marriage Act, which applies to all persons who marry in India, stipulates that a woman is entitled to pendent lite maintenance if she does not have sufficient means to support herself and pay legal fees. Maintenance may be provided on a weekly or monthly basis during the marriage processes.

The court would figure out how much maintenance amount should be payable to the wife depending upon the financial conditions of the husband & award an amount that appeared to be fit in the eyes of justice.

That under section 37 court can allow award for permanent alimony at the time of passing the decree or later. Permanent alimony is the full and final amount given to the wife by her husband.

 

2. Hindu Marriage Act, 1955

Sections 24 and 25 of the said Act allow maintenance and required costs if he or she does not have sufficient means to maintain themselves. This is a gender-neutral clause that permits both husband or wife to seek relief under this section.

The applicant must not have a separate source of income sufficient to maintain herself or himself before filing an application for maintenance under this section.

The HMA's Section 24 allows for maintenance pendent lite. The Court may order the respondent to pay the sum of the legal proceedings as well as the monthly maintenance amount based upon both parties' income.

The provision to Section 24 of Act 49 of 2001, which came into force on September 24, 2001, required the application to be decided within 60 days.

The Court may issue interim orders for the custody, maintenance, and education of young children from time to time, according to Section 26 of the HMA.

3. Hindu Adoptions & Maintenance Act, 1956

The Hindu Adoption and Maintenance Act (HAMA) is a one-of-a-kind law that was enacted to modernize and define the rules surrounding Hindu adoption and maintenance throughout the marriage's sustenance.

According to Section 18, a Hindu wife is eligible to seek maintenance lifetime from her husband. Without endangering her claim to maintenance, she has the right to seek a separate household.

Section 18 outlines the factors to examine when calculating the amount of maintenance to be paid, and it should be read part and parcel with Section 23.

4.   Section 125 of the Cr. P.C

The purpose and goal of Section 125 Cr.P.C. are to serve interim relief to an applicant. Two requirements must be met in order to file a Section 125 Cr.P.C. application i.e.

1.  The husband has sufficient means of financial resources

2. The husband “failed” to provide Maintenance for his wife, who is unable to take care of herself.

In this case, the Court may order the husband to pay the wife whatever amount the court may think reasonable on a monthly basis. 

The husband's financial capacity and other relevant factors decide maintenance. Under Section 125, sub-section (2), the Court has the discretion to award maintenance payments either from the date of the order or from the date of the application.

5.   Domestic Violence Act, 2005

A woman who has been the victim of "domestic violence" can seek relief under the D.V. Act.

1) Sections 17 and 19 provide a woman who has been a victim of Domestic Violence can seek relief to stay in a "shared household" whether or not she has a legal stake in it. The definitions of "aggrieved person" and "respondent" make it clear that:

a) It is not a mandatory requirement that the aggrieved person jointly or solely own the house premises, or that the aggrieved person rent the house premises jointly or solely;

b) The household may belong to a joint family of which the respondent is a member, regardless of whether the respondent or the aggrieved person has any right, title, or interest in it.

c) Individually or collectively, the respondents may own or rent the shared residence.

2) Section 19 is not an indefensible right If a daughter-in-law is seeking a claim against her aged in-laws. While giving relief under Section 12 of the D.V., the court must balance the rights of the aggrieved lady and her in-laws under the Act and in any civil proceeding.

3)Under D.V Act section 20(1)(d) states that the maintenance provided under the D.V Act is subject to section 125 Cr.P.C. An act to an aggrieved woman and her children would be given effect in addition to an order of maintenance issued under Section 125 of the Cr. P.C or any other legislation in force.