What is the difference between permanent alimony and maintenance?

Permanent alimony is the amount taken only once for maintenance of the divorced wife whereas maintenance is the amount to be paid on monthly basis by the husband before, during and/or after getting the decree of divorce.

What is the difference between maintenance pendente lite and permanent alimony?

Alimony may be paid to the spouse in lump sum as cash or any other kind of payment method, as well as in form of property after the divorce is finalised. Unlike alimony, maintenance is only paid in form of cash or any other kind of payment method and the husband cannot pay maintenance to wife in form of property.

What is permanent alimony in Hindu law?

Under Section 25 of the Hindu Marriage Act, permanent alimony is provided by the court to the wife or even to the husband for her or his support and maintenance. If the husband is disabled and is unable to earn and the wife is earning, then the court grants alimony to the husband.

How is permanent alimony calculated?

The spouse with less income or no income can get a maintenance amount which is equal to 20\% to 30\% of the total monthly income of the other. As per the judgment passed by the Supreme Court, alimony amount should not exceed 25\% of the husband’s income. The aforesaid limit is applicable in case of monthly payout.

Which section of Hindu Marriage Acts about permanent alimony and maintenance?

Section 24 in The Hindu Marriage Act, 1955. 24 Maintenance pendente lite and expenses of proceedings.

What is the difference between alimony and separate maintenance?

Financial support given to one spouse when the couple is legally separated is called “separate maintenance.” Although it is similar to alimony—financial support given by one ex-spouse to the other after divorce—it is not called “alimony” because the couple is still legally married.

Can wife claim maintenance after permanent alimony?

Even otherwise, a divorced wife is also entitled to get maintenance.” Further, pointing out that the properties given to her in permanent alimony were not fetching any income, the judge held that the doctor must pay her monthly alimony too since he was earning a monthly salary of ₹1 lakh from government service.

What is permanent maintenance?

Permanent Maintenance: Permanent maintenance is paid by one party to the other in case of divorce, and the amount is determined through a maintenance petition filed before the competent Court. However, a party may not be eligible for maintenance if there are any changes in their circumstances.

Which section of Hindu marriage Acts about permanent alimony and maintenance?

How is maintenance calculated?

The maintenance amount is calculated by taking into account the total monthly take home income (ie. without tax) of both the spouses. The educational background of the spouses, the number of years of marriage, number of children and child custody are also major factors, which govern the maintenance amount.

How do courts decide maintenance?

Also, if there is one child and no other dependent then wife and child together would be entitled for ½ of his salary. This goes on and can be the simplest formula for deciding maintenance. Similarly, if wife is earning then the same formula can be used for apportionment of income of both the parties.

What is the difference between Hindu Adoption and Maintenance Act and Section 25?

Section 25 confers a special right on the indigent spouse while the Hindu Adoption and Maintenance Act confers an absolute right. Section 25 cannot be construed in such a manner as to hold that notwithstanding the nullity of marriage, the wife retains her status for purpose of applying for alimony and maintenance.

Can a nullity of marriage apply for alimony and maintenance?

Section 25 cannot be construed in such a manner as to hold that notwithstanding the nullity of marriage, the wife retains her status for purpose of applying for alimony and maintenance. The proper construction of Section 25 would be that where a marriage is admitted to be a nullity, the section will have application.

What is the right to permanent alimony?

The right to permanent alimony accrues only when a decree has been passed in favour of the petition under Sections 9 to 13. In case no such decree has been passed in favour of the petitioner, the right to claim any maintenance or alimony is ruled out.

What is the difference between alimony and maintenance?

Unlike alimony, maintenance is only paid in form of cash or any other kind of payment method and the husband cannot pay maintenance to wife in form of property. Alimony is a one-time payment and is only paid after the divorce is finalised.

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