One-time alimony, also referred to as permanent alimony, is a full and final financial settlement between spouses during or after divorce proceedings. In India, different personal laws and procedural laws govern the payment of one-time alimony depending on the religion and type of marriage. Below is a detailed explanation of the legal provisions under which one-time alimony can be claimed:
1. Hindu Marriage Act, 1955 – Section 25
The Hindu Marriage Act, 1955 provides for permanent alimony under Section 25, applicable to Hindus, Buddhists, Jains, and Sikhs.
Key Features:
- Eligibility: Either spouse, husband or wife, can claim permanent alimony post-divorce, irrespective of who files for the divorce.
- Court’s Discretion: The court has the discretion to grant alimony based on various factors like income, assets, standard of living, and the needs of the spouse.
- Final Settlement: Alimony can be provided as a one-time lump sum or as monthly/periodic maintenance. However, for a full and final settlement, one-time alimony is preferred.
- Modification: Alimony orders can be revoked or modified by the court if there is a change in circumstances (e.g., remarriage of the recipient or financial hardship of the payer).
2. Special Marriage Act, 1954 – Section 37
The Special Marriage Act, 1954 governs marriages between individuals of different religions or those who choose to marry under a secular law.
Key Features:
- Scope: Section 37 provides for permanent alimony and maintenance after divorce.
- Who Can Claim: Either spouse can apply for permanent alimony under this Act.
- Mode of Payment: The Act allows courts to order payment in the form of a lump sum amount or periodic installments, with one-time alimony being a common resolution in mutual consent divorces.
- Factors Considered: Income, future earning potential, financial status, age, and needs of the applicant.
3. Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 144
Section 144 of the BNSS is not restricted to any particular religion. It is primarily intended to prevent destitution and provides a means for dependent spouses, children, and parents to claim maintenance.
Key Features:
- One-Time Alimony: Though Section 144 mainly provides for periodic maintenance, courts can approve one-time settlements if both parties mutually agree.
- Beneficiaries: Wives, irrespective of religious background, can claim maintenance under this provision, provided they are unable to maintain themselves.
- No Need for Divorce: Unlike personal laws, maintenance under BNSS can be claimed without a formal divorce or separation.
4. Indian Divorce Act, 1869 – Section 37
This Act governs Christians in matters of divorce and related maintenance claims.
Key Features:
- Permanent Alimony: Under Section 37, the court can grant permanent alimony to the wife as part of a divorce decree.
- Lump-Sum Option: Though periodic maintenance is common, courts may grant a lump-sum amount as permanent alimony to settle the matter permanently.
- Discretion: The court evaluates the financial position of both parties and other relevant factors.
5. Parsi Marriage and Divorce Act, 1936 – Section 39
This law applies to Parsis and provides for alimony after divorce.
Key Features:
- Permanent Alimony: Section 39 empowers courts to grant alimony either as a lump sum (one-time) or as periodic payments.
- Criteria for Alimony: Courts assess the financial needs and resources of both spouses.
- Flexibility: Both husband and wife are eligible to apply for permanent alimony.
6. Muslim Women (Protection of Rights on Divorce) Act, 1986
For Muslim women, provisions for maintenance are governed by this Act alongside Muslim Personal Law.
Key Features:
- Lump-Sum Payment: A Muslim woman can claim a lump-sum settlement for maintenance during the iddat period (the waiting period after divorce).
- Fair and Reasonable Settlement: Under the Act, divorced women can demand a reasonable and fair amount of money or property as part of the divorce settlement.
- Settlement Under Personal Law: Even though Muslim law focuses on maintenance during the iddat period, the practice of paying a lump-sum mahr (dower) or one-time financial support has been upheld by Indian courts in several cases.
7. Protection of Women from Domestic Violence Act, 2005
While primarily aimed at protecting women from domestic violence, this law also allows women to claim maintenance as part of relief under Sections 18, 19, and 20.
Key Features:
- Right to Monetary Relief: Women can seek one-time monetary relief (including maintenance and compensation) under this Act.
- No Divorce Necessary: This Act does not require divorce as a precondition, making it accessible for married women facing domestic abuse.
8. Customary Laws
In certain communities, one-time alimony or financial settlements are determined by customary laws or agreements. For example:
- Tribes with matrilineal traditions often have unique approaches to property and financial settlements.
- Local customs may recognize one-time maintenance during separation or divorce negotiations.
9. Family Courts Act, 1984
Though not a specific provision for one-time alimony, the Family Courts Act empowers family courts to adjudicate claims related to divorce, maintenance, and alimony. Courts often encourage one-time settlements to reduce future disputes between the parties.
Case Law Precedents Supporting One-Time Alimony
Indian courts have consistently upheld the concept of one-time alimony. Key judgments include:
- K. Sivaram v. K. Mangalamba (1989): The Supreme Court highlighted that one-time settlements ensure financial independence and reduce prolonged litigation.
- Shailja & Anr v. Khobbanna (2017): Reiterated that maintenance includes financial assistance to help the dependent spouse maintain the standard of living enjoyed during the marriage.
Key Takeaway:
One-time alimony in Indian law can be claimed under various statutes, depending on the religion, type of marriage, and individual circumstances. These laws aim to ensure a fair financial settlement, fostering independence for the dependent spouse while reducing future conflicts. Both mutual agreements and court orders can enforce one-time settlements effectively.
Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.
Advocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304