What happens to: Alimony, Child Custody & Property?
In a marriage, both the partners have an obligation to support each other. This obligation is so strong that it doesn’t necessarily end with divorce. Section 125 of The Code of Criminal Procedure, 1973, states that the right of maintenance extends to any person economically dependent on the marriage. This includes, spouse, dependent children and even indigent parents.
The claim of either spouse (in majority of the cases it is the wife), however, depends on the husband who is capable. When deciding the payment on the alimony, the court will take into account the earnings of the husband and his liabilities.
In case either spouse is unable to pay for the general financial expenses, then the spouse who earns will have to pay these expenses. Please note, alimony in mutual divorce stands different. Also I would say every case is unique as every set has unique reason and story. Hence, the verdict differs from case to case. Now let me give you an overall idea on Alimony. Alimony is a legal obligation on a person to provide financial support to their spouse before or after marital separation or divorce. The obligation arises from the divorce law or family law of each religion
Let’s understand the factors that influence Alimony in a contested divorce, the length of the marriage is an important factor to decide the alimony, its amount and tenure. A divorce after a decade of marriage entitles the spouse to a life-long alimony. The other essential factors are:
1. Religion of the partner and Age of the spouse (or the person who is ought to receive the alimony)
2. Economic condition or the earnings of the person who is to provide the alimony
3. The health of both spouses: the deteriorating health or a medical condition of one of the spouses who is going to receive the alimony may act in favor of him or her. They may claim a larger alimony on the basis of their deteriorating health.
4. The spouse that retains custody of the child would either pay lesser alimony or pay a greater amount while the child is a minor.
What about property matters?
In a marriage it rarely matters whether you or your spouse owns the property. Irrespective of the divorce petition you have the right to occupy the property. If you are looking after children, the case is much stronger. While the property may be granted to one or the other spouse in the divorce settlement, until this is done, both spouses have equal rights on the property.
What about child custody?
Many of us think that the mother always gets custody of her children. This is not the case. While the courts usually agree to the decision of the parents in a mutual consent divorce, the courts will look into the best interest of the child. In a contested divorce, the courts will examine the ability of the mother or father to be a parent to the child. Money is not always the reason. Often, the court provides the custody of their children to non-working mothers, but the fathers are expected to provide financial support. However it depends from case to case.
……… Anupam Agarwal
About the Author:
Anupam Agarwal is a practicing Lawyer with more than 18 years of Corporate and Legal Experience. His expertise lies in Corporate Law, Family Law, Dispute Resolution and General Litigation
+91-97406 45762
anupam@rslegal.in
