If a husband or a wife commits any fault it will affect the award in alimony differently as it has various laws across the states however it is generally important when deciding the amount or length of the support.  The Court will take into account the misconduct from a member of the marriage that caused the marriage to be broken down; this may include such misconduct as cheating, abuse, or abandonment. Fault factors will cause an augmentation or decrement of the level of the alimony awarded. For example, if the husband’s or wife’s adultery contributed to the end of the marriage, the judge may award increased alimony to the non-offending spouse.

In the case that the observer spouse is confirm as having undergone contemptuous conduct like adultery, that spouse is likely to be award a lower or no level of alimony. However, in most cases where no fault is placed, the first factor determining the outcome of the matter in court is still the parties and their independent economic capabilities or needs. This way it will become that much easier to formulate an expectation on alimony determinations concerning the actions of the parties involved,

What is alimony?

Alimony, or maintenance or support, is a financial provision made to a spouse after a divorce. It is generally grant when a spouse does not have the proper means to lead a decent life. However, according to law, either of the spouses is entitled to get alimony.

Who is eligible for Alimony?

Under Section 25 of the Hindu Marriage Act, permanent alimony is granted by the court to the wife or even to the husband for her or his support and maintenance. In the case of a working woman being the wife, but there being a reasonable disparity between her and her husband’s net earnings, the wife will still be grant alimony to enable her to maintain the same standard of living that existed during the wedlock.

If the wife does not earn the amount of alimony, it depends on the age of the wife, educational qualification and ability to earn. Sometimes it can be a situation when the husband is incapable of earning and wife is earning the court grants alimony to the husband.

What are the types of alimony?

The types of alimony available in India are as follows:

1. Hindu Marriage Act, 1955

Under this Act, there are the following types of alimony which is provided to the spouses:

• Permanent Alimony is provided to the spouse (Section 25)
• Temporary Alimony (Section 24)
• Lump-Sum Alimony (Section 25)
• Interim Maintenance (Section 24)

2. Muslim Law:

Under the Muslim Law, there is no direct alimony like Hindu Marriage Act.  They provide the amount in the form of:

•  Mahr is obligatory on the husband to pay to the wife.
•  Maintenance, both during and after divorce.
• Iddat Maintenance: Maintenance during the Iddat period, which is about 3 months.

3. Christian Marriage Act, 1872

• Permanent Alimony (Section 37)
• Temporary Alimony (Section 36)
• Lump-Sum Alimony (Section 37)

4. Parsi Law

• Permanent Alimony (Section 39)
• Temporary Alimony (Section 38)
• Lump-Sum Alimony (Section 39)

5. Special Marriage Act, 1954:

• Permanent Alimony (Section 37)
• Temporary Alimony (Section 36)
• Lump Sum Alimony (Section 37)

Some other alimony:

1.Maintenance Pendente Lite or temporary spousal maintenance during divorce proceedings

2. Separate Maintenance – for support of spouse living separately, etc.

What are the factors which can help navigate fault-based alimony claims?

Actual or constructive fault can greatly affect alimony awards, but there are many factors involve. So, divorcing parties can better navigate court processes.

The following are five primary strategies to help you navigate fault-based alimony claims:

1. Document Everything: Documentation of incidents of misconduct, financial records, and communication help to strengthen a case. It includes:

• Date and time of incidents
• All records of emails, texts, and witness statement
• Transaction and statement records on financial activities
  • Letter, emails, and phone call records of communication

2. Grounds for Fault to be proved:

The divorce cases base on fault grounds in a petition have to be clear state. That is, the fault ground identifier such as adultery, abuse, and financial recklessness among others, Evidence about ground of fault, Effect on marriage and financial stability, all the needs to be met financial, and dependence of the spouse.

3. Win by Fault Finding End

Use evidence for negotiating a settlement to yield better alimony awards. Use findings of fault to negotiate for lesser or no alimony payments, place emphasis on the spouse’s needs for finances, offer alternative provisions, such as a lump sum, and seek mediation for agreements.

4. Experts Consultation

Involvement of the expert lawyer who can help in making a clear and detailed roadmap in coming out clean in fault-based alimony.

Grounds which determine the misconduct under law are:

1. Under the Hindu Marriage Act, 1955 the Section 13(1) (i) counts adultery as a reason for divorce and thus can come into play when considering alimony.
2. Under Section 25 of the Hindu Marriage Act it provides guidance over decisions of alimony by taking into account income, lifestyle, and the monetary requirement of the spouse.

CASE LAW:

Shamima Farooqui vs. Shahid Khan AIR 2015

Issue: Effect of adultery on alimony

Summary: The SC ruled that the wife’s adultery was not a ground that disentitled her to maintenance considering her financial dependence on the husband and his Income.

Conclusion

Apart from that, there are several enactments and judicial precedents, which deal with the act of law based on how fault or misbehaviour affects an alimony award. Courts consider, inter alia, adultery, desertion, cruelty, and what is termed as financial recklessness under the Hindu Marriage Act, 1955, and Muslim Women (Protection of Rights on Divorce) Act, 1986. Some cases also explain the misconduct which can bar or mitigate an award of alimony.  Fault or misconduct may have a drastic impact on alimony awards, but courts consider various factors to determine the best possible result. Proper legal counselling is very essential in this matter. 

For Any Legal Help, Contact Lead India. We Offer Free Online Legal Consultation And Other Legal Services. On Our Platform, You Can Talk To Lawyers. You Can Freely Ask Any Legal Question. We Provide The Solutions To Your Legal Problems.