Marriage is a relationship between two people which is legally recognized and create some obligations between the spouses. Divorce is a common term now as a lot of people are taking Divorce because of their own reasons like lack of understanding, cheating etc. But after Divorce the most significant issue is ensuring financial security of the financially weaker spouse. Alimony is a legal mechanisim designed to provide the support.

The main concept of permanent alimony is to prevent any financial problems after the divorce to the weaker spouse. With coming a lot of divorce cases, it is getting hard to determine the duration and the amount of the alimony in Family law. The topic is important as court must maintain the financial balance, dependency, fairness, and changing societal realities with deciding maintenance claims.

LEGAL ISSUES INVOLVED :-

There are many issues involved in Permanent alimony after Divorce. The main problem is for court to determine financial support after divorce while balancing fairness, financial capabilities and legal rights of both spouses. Some of the main issues are:

1. Whether the wife / spouse is entitled for the permanent alimony:-

It is very important to determine if the spouse is entitled to get the alimony because there are many cases where person get married just to get the alimony after the divorce. That’s why mostly court give permanent alimony to the spouse who has been married for a long time.

The another thing that they is whether the spouse really need to get the permanent alimony. If spouse is looking well independent then court does not give any permanent alimony as it is for the spouse who would fake hardship after the divorce.

2. Determination of the Quantum (Money) of Alimony :-

It is another task for Court still Court examines all the income, assets, savings, investments and overall financial capacity of both the husband and wife as it helps to determine the quantum of alimony. The higher earning spouse may be required to pay more.

Courts even consider other factors like:

• Living expenses
• Education expenses (if child is involved)
• Medical expenses (if spouse is of older age, illness, disability or inability to work may increase alimony)

3. Duration of Permanent Alimony :-

Courts even Determine the duration of the permanent alimony as there can be changes in the circumstances. Like if the wife become self-sufficient, then court may limit the duration. Also remarriage generally affects or may terminate the alimony obligations.

There are some other cases also like Unemployment, illness etc. which may lead to modification.

4. Lump Sum vs Periodic Payment :-

Here both the Spouse and the Court determine whether to give Lump sum amount or periodic payment. If both the spouse agree mutually on one decision then its okay but if not then court determine if after considering all the factors like:

• Financial condition
• Needs of the receiving spouse
• Ability of the paying spouse
• Overall circumstances of the cases

Also court has the final Authority. Court is not bound by anyone’s decision.

There are many other issues also some questions related to permanent alimony like:

• To what extent should the earning capacity and the financial status of spouses affect alimony decisions?
• If there is any remedy available when a party fails to comply with permanent alimony orders?

APPLICABLE LAWS :-

HINDU MARRIAGE ACT, 1955 :-

SECTION 25 – Permanent Alimony and Maintenance

Section 25 empowers court to grant Permanent alimony at the time of passing decree or even afterwards.

Courts may order:

• Lump Sum Payment.
• Periodic Payment.
• Court even consider income and property of both the parties.

Court also possesses the power to modify and rescind orders if circumstances change.

CODE OF CRIMINAL PROCEDURE –

Although Permanent alimony primarily arises under personal laws, maintenance provision also exist under criminal procedure for final support of spouses.

JUDICIAL ANALYSIS :-

Landmark Judgment : Rajnesh vs Neha (2020)

The Supreme Court laid down important guidelines regarding maintenance and alimony determination. The court emphasized:

• There should be the disclosure of assets and liabilities by both the parties.
• While making the decision the Court should consider the income, education, lifestyle and financial needs also try not to overlap the maintenance orders.

This Judgment provided greater uniformity and transparency in maintenance proceedings.

REASONED LEGAL OPINION :-

Even Today in India, Alimony is seen as a burden or sometimes as a reward. There are many cases when a girl got married just to get the Alimony after the Divorce. Permanent Alimony should not be treated as a punishment for one spouse or a financial reward for the another. The main thing we should care about when people get divorced is making sure everything is fair with money. Judges should look at each situation separately of using the same rules for everyone because people have different amounts of money ways of living and abilities to earn a living. We should make sure people are honest about how money they have and what they need.

The court should try to help people take care of themselves financially. Also make sure the person with less money does not struggle too much. So divorce courts should try to find a balance between being fair considering what people need and looking at what people can afford and that is the thing to do with divorce and money. Divorce and money is an issue and we need to make sure divorce courts handle it in a way that is fair, to everyone especially when it comes to divorce and money.

CONCLUSION :-

Permanent Alimony remains an essential component of matrimonial laws because it is to provide economic security after the divorce. There are many women who don’t take Divorce just because they are not independent and bear all the problems. This Alimony is the hope for those women which help them to release from the burden. There are very less chances of any problem in this system as Court determine all the factors and give the decision which could be fair for both the parties.