Matrimonial cases

In What All Cases Can Divorce Be Granted? What Is the Difference Between Maintenance and Alimony and How to Seek Them?

Divorce is a legal process that dissolves a marriage, and it can be granted under various circumstances, depending on the laws governing marriage and divorce in the jurisdiction. In India, divorce is governed primarily by the Hindu Marriage Act, 1955, Special Marriage Act, 1954, Muslim Personal Law, and other personal laws depending on the religion of the parties. Additionally, divorce can also be sought under the Indian Divorce Act for Christians and the Parsi Marriage and Divorce Act for Parsis.

At X Legal Organisation, we guide individuals through the complex process of divorce, explaining the grounds for divorce, the distinction between maintenance and alimony, and how to seek these rights effectively.

Grounds for Divorce in India

Divorce can be granted on the following grounds, depending on the personal law applicable to the marriage:

1. Adultery (All Personal Laws)

• If one spouse engages in an extramarital affair, the other spouse can file for divorce on the grounds of adultery. In India, this is a ground for divorce under the Hindu Marriage Act, 1955, and other personal laws.

2. Cruelty (All Personal Laws)

• Mental or physical cruelty by one spouse towards the other can be a ground for divorce. This includes any form of abusive behavior, be it physical, emotional, or psychological.

3. Desertion (All Personal Laws)

• If one spouse abandons the other for a period of two years or more, this constitutes desertion, and the deserted spouse can file for divorce.

4. Conversion to Another Religion (Hindu Marriage Act, 1955)

• If a spouse converts to a different religion, the other spouse can file for divorce under the Hindu Marriage Act.

5. Mental Illness or Insanity (All Personal Laws)

• If one spouse is suffering from mental illness or has been declared insane for a specified period, the other spouse can seek a divorce.

6. Inability to Consummate the Marriage (All Personal Laws)

• If one spouse is unable to consummate the marriage due to physical incapacity or disability, the other spouse may file for divorce.

7. Irretrievable Breakdown of Marriage (Special Marriage Act)

• Under the Special Marriage Act, the irretrievable breakdown of marriage is also a ground for divorce, though it is not a specific ground under personal laws like the Hindu Marriage Act.

8. Mutual Consent (All Personal Laws)

• Divorce can be granted on mutual consent when both spouses agree to dissolve the marriage. Under Section 13-B of the Hindu Marriage Act, both parties must live separately for at least one year before filing a petition for mutual consent divorce.

9. Incarceration or Imprisonment (Hindu Marriage Act, 1955)

• If one spouse has been sentenced to a term of seven years or more in prison, the other spouse can seek a divorce.

Difference Between Maintenance and Alimony

While both maintenance and alimony are financial support provided by one spouse to the other after divorce, there are distinct differences between them.

Maintenance

• Maintenance refers to the financial support provided to a spouse during the pendency of the divorce or separation.

• It may be granted under Section 24 of the Hindu Marriage Act, the Criminal Procedure Code (CrPC) (Section 125), or other personal laws.

• Interim maintenance can be granted during the divorce proceedings, and permanent maintenance may be ordered after the final decree.

• Maintenance is usually provided to the spouse who is financially dependent and unable to support themselves.

Alimony

• Alimony refers to the financial support that one spouse provides to the other after the divorce is finalized.

• Unlike maintenance, alimony is paid post-divorce and is a lump sum amount or paid in installments, depending on the agreement or court order.

• The amount of alimony depends on factors such as the income and financial status of the parties, the duration of the marriage, the standard of living during the marriage, and the financial needs of the receiving spouse.

How to Seek Maintenance and Alimony

1. Filing for Maintenance During Divorce Proceedings

• If you are undergoing divorce proceedings and are financially dependent, you can file a petition for interim maintenance under Section 24 of the Hindu Marriage Act or Section 125 of the CrPC. This allows you to seek financial support until the divorce is finalized.

• The court will consider the financial status of both parties, their respective needs, and the ability to pay maintenance when granting interim support.

2. Permanent Maintenance and Alimony

• After the divorce, you can apply for permanent maintenance or alimony. The court will evaluate several factors such as:

  • The earning capacity of both parties

  • The duration of the marriage

  • The financial needs of the spouse requesting support

  • The conduct of the parties during the marriage

  • The standard of living enjoyed by the spouse during the marriage

• Permanent maintenance or alimony can either be in the form of a lump sum amount or monthly payments.

3. Factors Influencing the Amount of Maintenance and Alimony

• The court may consider the following while determining the amount:

  • The income and financial resources of the paying spouse

  • The living expenses and needs of the receiving spouse

  • The age and health of both spouses

  • Child custody and support (if children are involved)

How X Legal Organisation Can Help

At X Legal Organisation, we offer expert legal services to guide you through the divorce process, including the complexities of maintenance and alimony claims. Here's how we can assist you:

1. Legal Advice and Divorce Filing:
   
   

   • We offer advice on the grounds for divorce applicable to your case and help you file the divorce petition.

2. Maintenance and Alimony Claims:
   
   

   • Our legal team assists in filing for interim maintenance during the divorce proceedings and permanent maintenance or alimony post-divorce.

3. Negotiating Settlements:
   
   

   • We help negotiate fair settlements for maintenance or alimony that protect your financial interests.

4. Representation in Court:
   
   

   • We provide expert representation in court for divorce, maintenance, and alimony claims, ensuring your case is presented effectively.

5. Protecting Your Rights:
   
   

   • We ensure that your rights to financial support are upheld, and we fight for a just outcome based on your needs and the circumstances of your marriage.