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“Divorce or Not – You Have to Manage the Costs Mister!”

“Divorce or Not – You Have to Manage the Costs Mister!” is the term which we have to first understand according to law what is it? If we bifurcate this we got two words which we have to understand first “Divorce” and second “Costs”. There are many divorce lawyer in Coimbatore who can interpret these words more efficiently. Divorce legitimate disintegration of marriage. It is the legitimate end of a marriage by a court in a lawful proceeding, requiring an appeal or objection for separation (or dissolution in some states) by either party. Here the costs is interpreted the money or amount for maintenance of a spouse for living a healthy life and it is also known as alimony.

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The concept of maintenance states that there is a spate of legal points of reference on the issue of alimony. The term ‘spouse’ was translated in a tight way, since the aim of the legal executive was to ensure down and harassed women. The honorable Indian courts held that the women who are legally married can only be entitled for claiming alimony/maintenance. The theory of alimony came from the concept of the marriage and there are obligations of the husband before and after legally consummated marriage to maintain his spouse, minor children (below 18 years) and also to maintain his old parents who are considered as a dependant as per Hindu Adoption and Maintenance Act  throughout their life. Maintenance is a compulsory remuneration allowed to the wife, who is unable to maintain herself during, before or after the divorce.

According to Indian law which is having several provisions and sections for divorce and alimony, here in Hindu law Section18 of the Hindu Adoptions and Maintenance Act, 1956 states the provisions of maintenance. The duty to maintain a spouse remains on the husband despite the fact that the wife may be living martially separated from his husband without taking any divorce. According to the Code of Criminal Procedure Section 125, the award of interim maintenance can be provided to the spouse. In some landmark judgements, the Supreme Court has also stated that alimony has to be given even before the divorce. In India Christians are governed by the Indian Divorce Act, 1969 and according to Section 36 of the respective act says that a spouse/wife can claim her right to alimony or maintenance and the husband will be entitled to pay the alimony amount which will be decided mutually or by court.

The honorable Delhi High Court in his pleadings stated that the husband is entitle to manage the quantum of alimony because as per Indian law it is taken that after marriage husband is the only one who has to provide money for his spouse’s leisure life and after divorce the wife is having right to get maintenance from her former husband because it’s the duty of husband to provide alimony as the law stated this. So husband it’s your duty to manage the quantum of alimony to your spouse whether divorce is done or not or it’s in process.

 

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