NRI Divorce Alimony

When either a husband and wife are living apart, formally or through a divorce decree, one spouse pays the other maintenance so that the dependent spouse can make a living and continue to live. However, even in cases where the husband and wife cohabit, the wife may still be entitled to maintenance from the husband.

The following are the maintenance provisions that are outlined for the issue of maintenance:

Section 24 of the Hindu Marriage Act, 1955 allows for interim maintenance to be paid to the husband or wife while the HMA court proceedings are ongoing.
The Code of Criminal Procedure, 1973, Section 125, addresses the maintenance orders for spouses, kids, and parents.

On September 24, 2001, the aforementioned Code of Criminal Procedure provision was amended to remove the act's 500-rupee maintenance cap and give magistrates the discretion to determine maintenance by Supreme Court guidelines. While there was never a limit specified in Section 24 of the Hindu Marriage Act, it currently has no upper limit. While only wives, children, and parents may claim maintenance under the specified provisions of the Criminal Procedure Code, even the husband may do so under the Hindu Marriage Act. The petitioner/applicant may receive interim maintenance under either of the provisions while the lawsuit is pending.

In situations where the wife does not make enough money, Section 36 of the Special Marriage Act of 1954 provides alimony to the wife while the case is pending.
Section 18 of the Hindu Adoptions & Maintenance Act, 1956, addresses maintenance to the widow following a divorce. Even though they both live together, the wife is still entitled to maintenance from the husband under the aforementioned clause.
Section 20 of the Protection of Women from Domestic Violence Act of 2005 offers monetary relief.

Under the aforementioned provisions, a person is also entitled to maintenance from an NRI spouse.

Many Indian parents wish for their children to marry non-resident Indians (NRIs) or settle overseas. Regrettably, there are instances when marriages fail to function as intended and end in divorce. The biggest issue that Indians deal with is when an NRI spouse only leaves their other Indian spouse behind in India, never bothering to bring them along. Spouses frequently leave their NRI partner due to unforeseen circumstances, either by divorcing or marrying someone overseas without telling the Indian spouse. A maintenance application in such a case may be submitted to the relevant Indian District or Family Court. The NRI spouse will also be bound by the decision made by Indian courts.

Where do I submit my application for nri divorce alimony.

In the seminal case of Jagir Kaur Vs. Jaswant Singh (AIR 1963 SC 1521), the Supreme Court held that the court's jurisdiction is formed where the accused resides, whether permanently or temporarily, where he last resided in any district of India, or wherever he happens to be at the time the proceedings are initiated.

Standards for granting maintenance awards

The most recent Supreme Court decision, Rajnesh v. Neha 2021(2) SCC 324, established the standards and factors that will determine whether maintenance is granted.

The parties' status, the reasonable needs of the wife and dependent children, the applicant's level of education and professional qualifications, and other factors would all be taken into consideration by the court. Whether the applicant has a separate source of income, whether it is enough to support her in her married life at the same standard of living, whether or not the applicant held a job before getting married, whether the wife had to give up her job to care for the family, raise the children, and look after the adult members; whether the wife had to work during the marriage's duration; and what the reasonable legal expenses would be for a non-working wife.

The honorable court has also instructed that both parties file affidavits disclosing their assets and liabilities of Non-Agrarian deponents, personal information, details of legal proceedings and maintenance being paid, details of dependent family members, details of the deponent's income, details of movable and immovable assets, etc. The courts consider these factors when deciding maintenance applications.

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