According to recent statistics, the divorce rate in India is steadily rising. Divorce comes with a lot of aspects, one of the most important aspects of divorce is alimony.
So now that you have decided to part ways with your spouse, the most difficult aspect is deciding on alimony and if you want to know how to avoid paying alimony in India, You are at the right place.
Suggested Reading: 6 Reasons for divorce in India
What is an Alimony?
Alimony is the amount that you have to give to your spouse after separation as maintenance periodically, over a certain period of time.
The idea of alimony is not that you are splitting up your income to pay to a former spouse, but instead that the paying spouse is helping the other spouse to live in a way that they are accustomed to.
Laws associated with alimony in India
- Section 125 of the Code of Criminal Procedure, 1973.
- Section 23 of the Hindu adoptions and maintenance act.
- Section 25 of the Hindu Marriage Act, 1955.
- Section 37 of the Special Marriage Act, 1954.
- Section 18 of the Hindu Adoptions and Maintenance Act, 1956.
How to avoid paying alimony in India
Paying alimony can be a pain for you because paying your hard-earned money to someone who is not going to be a part of your life anymore is tough. Also, it can prove to be a financial burden for you because already fighting for divorce can put a hole in your pocket. To top it up if you are asked to pay a heavy amount of alimony to your spouse, it can give you a headache.
So here are a few ways on how to avoid paying alimony in India?
1. Alimony can be avoided if your spouse is proved guilty of adultery and infidelity
If the husband can prove that his wife is guilty of cheating on him, then he can avoid paying alimony. For this, he will have to submit the proof in the court like photographs, videos, etc. Infidelity offers an advantage to the counter partner in court.
However, proving the wife guilty of infidelity is itself a big task as you have to submit all the proofs. Make sure you have all of them before moving in the court.
2. Alimony can be avoided if the husband is physically challenged to work
If the husband is physically challenged, it is unfair to ask for maintenance from him.
In this case, the court has the authority to give orders to the wife to maintain his husband. Here the wife will have to pay alimony to his husband. The court’s judgment on alimony is influenced by your divorce case’s representation. If you wish to avoid alimony, you’ll need an experienced Divorce Lawyer In Delhi.
3. Alimony can be avoided if the husband is unable to maintain himself
If the husband is unemployed during the divorce proceedings, he can be exempted from paying alimony to his wife. This shall include circumstances where the husband has been separated by his family business or he has gone insolvent.
4. If you prove that they don’t need the money
Sometimes when divorce happens, the marriage ends on a bad note. As a result, the wife acts vindictive and without even needing the money, the wife asks for it just to satisfy her ego.
However, if you prove that she did not need the money, you can be exempted from paying alimony.
So how to prove that your wife doesn’t need the alimony? Check for these things
- Does she have a savings account with a large amount of money deposited?
- Does she have any property named on her?
- Does she have any other asset named on her
For this, you may have to take the help of a professional accountant to track down your wife’s net worth.
5. Alimony can be avoided if the wife remarries
If the wife remarries, the husband is absolved of his responsibilities and he can stop giving alimony to his ex-wife.
This is understood because now the female partner has a new partner to take care of her needs.
However, if you have a child whose custody is with your ex-wife, then you will have to pay for the maintenance of the child till he/she becomes 18 years of age.
6. Alimony can be avoided if the wife is earning well
If the wife is earning well and she can take care of herself properly then the husband can save himself from paying alimony to the wife.
The court examines the property and incomes of both the wife and the husband. If the court discovers variance or believes the wife is capable of maintaining the same standard of life that the couple enjoyed throughout their marriage, the court can investigate the situation and avoid alimony.
7. Alimony can be avoided if your marriage was short-term
If your marriage has ended soon after you have entered into a matrimonial relationship, the court may give you relaxation from paying alimony to your spouse.
If you feel the marriage is not suitable for you, do not wait to end the relationship because Extending it further just results in additional emotional distress and longer-term alimony payments.
So these were the 7 ways through which you can avoid paying alimony in India.
The journey of separating from your partner is not an easy one. I hope that this article helps you in some or the other way.