Marriage is considered as the union of two souls who stay together for their entire life. But sometimes circumstances do not allow the couple to stay together throughout their life. The latest stats have revealed that the divorce rate is consistently increasing in India. Divorce or separation has several aspects and “Alimony” is one of the most important aspects of divorce in India. Avoiding Alimony in divorce is another topic of discussion that needs to be explored by every person who is not willing to pay alimony after divorce because of their personal reasons.
What is Alimony?
Alimony is defined as the allowance of the amount of money that the husband pays to his wife after divorce. The amount is decided by the court according to the earnings and possessions of the husband. It is considered to be the most essential element of the entire divorce process.
The idea of alimony was introduced to provide the required financial support to the financially weaker spouse (mostly wife), but in some cases, this provision is misused to oppress the other party (mostly husband). But very few people know that alimony can be avoided in some special cases. Here we will be discussing the ways using which you can avoid alimony after divorce or separation.
Laws Associated with Alminony Are:
- Section 125 of the Code of Criminal Procedure, 1973
- Section 18 of the Hindu Adoptions and Maintenance Act, 1956
- Section 25 of the Hindu Marriage Act, 1955
- Section 37 of Special Marriage Act, 1954
- section 23 of the Hindu adoptions and maintenance act
5 Proven Ways to Avoid Alimony
1. If Wife is Guilty of Infidelity
If the wife is found guilty of infidelity, the husband gets the chance of avoiding alimony. Infidelity gives an edge to the counter partner, and thus it gives the husband a right not to offer alimony if he can prove his wife cheating on him.
But as a matter of fact, it is not a cake-walk to prove the infidelity as it takes actual proof, multiple witnesses, photographs, video, and much other incriminating evidence.
2. If Wife Earns Well
If the wife earns really well or more than the husband, the alimony part can be put off the table. But it depends upon the discretion of the court.
Both the wife’s and husband’s property and earnings are thoroughly analysed by the court. If the court finds variation, or the court feels that the wife is able to maintain the same standard of living which the couple was enjoying during their marriage, the court can look into the matter and avoid alimony.
3. If Husband Doesn’t Earn
If the husband has no job during the proceeding of divorce, the alimony can be avoided. In such cases, the husband should be separated from the family property, business, or has gone insolvent.
4. Second Marriage of Husband
The alimony can also be avoided if the husband has remarried and now has to take care of his wife and children.
5. Physical Disabilities
If the husband is not physically fit, or disable to earn his own bread and butter, he can avoid paying alimony. In such cases, the court can ask the wife to pay alimony in such cases.The decision of the court regarding alimony depends upon the representation of your divorce case. Hence, you need an expert divorce lawyer in Delhi if you want to avoid alimony.