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Not all Marriages are Heaven, if we see there are cases where either wife or husband cheated their spouse and they came on the verge of divorce, it’s not easy to get divorce because there are thousands of cases in courts for divorce and to settle them there are divorce lawyers in Bengaluru and other states who are practicing advocacy from decades. The Supreme Court has stated that a husband who desert and cheat his wife, the matrimonial relations with her and refused to come back with the knowledge about everything what he has done; here husband is entitled to give maintenance.

The phrase “You Cheated; It’s Mandatory for You to Pay Alimony” to understand this we have to recognize and understand some words which court also interpreted in cases to make law more clear and understood for the citizens, plaintiff and defendant. In marriage if we interpret the word cheat, in common sense it is considered that one is committing adultery or extra marital relationship i.e. Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery[1]. There are also other reasons which were laid down in the statutes which indirectly talks about how the spouse can cheat his partner. Ultimately the whole thing revolves around divorce and than for alimony for the spouse’s rest of the life for living a wealthy life.

 

Now the question comes in mind that what alimony is? The word alimony came from the Latin word ‘Alimonia’ which implies maintenance. It is also called as spousal support, Alimony is a legitimate commitment or taken as legal obligation of a partner to their wife to provide monetary financial help after the divorce. Financial support is based on the country’s family law that it’s mandatory or not to provide alimony after divorce if the spouse is cheated by her partner. The quantum of alimony is decided on the earning power i.e. salary of the spouse’s husband. Section 24 of the Hindu Marriage Act, 1955, talks about who are entitled to claim maintenance/alimony from their spouse. This respective section does not make any difference in between male and female.

At the point when the couple chooses to get separated or divorced by mutual consent, the choice on the alimony after divorce is to be paid by either of the party because of their choice and common comprehension/mutual understanding. But in complicated matters like cheating, at that time the court use to decide the alimony on the bases of facts of each case. On the other-hand there is one possibility also that the court gave decree in his statement that no alimony shall be given by either of the party on the basis of facts and circumstances and the alimony amount is totally depends on the court. In Muslim law, women have right to claim alimony. The honorable Supreme Court held in of the case that for alimony it is the duty of the husband to pay a reasonable and sensible amount to the spouse and is not only till the iddat period (three months after divorce or judicial separation), getting it consistence with other individual laws, where an opportunity to get maintenance isn’t constrained to a specific period.

The alimony is mandatory because in one of the cases the Supreme Court said that alimony helps spouse to run family expense and meet her every day needs. It’s mandatory financial support which helps to lead a free life after separation and divorce. Alimony is a type of money related help paid by either the spouse or the husband to help in various types of expenses. It implies it could be the installment of bills, for example, contract installments, service charges, medical coverage kid training and other household expenses. This alimony either is in terms of money or assets. [2]

 

The Supreme Court has set a limit for alimony or maintenance which is to be paid by a husband to his former spouse, the court stated that 25% of husband’s net salary will be considered as a decent and fair amount as alimony. In many cases it is also stated by the honorable courts that alimony is mandatory for the help of wife to live a wealthy life. Alimony is important and as per Indian law it’s the rule that is laid down in the acts that if you cheated your spouse than after divorce you have to pay alimony amount and its compulsory.

[1] Adultery Sec 497 Indian penal code

[2] Badshah v. Urmila Badshah Godse and Another


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