 |
|
The recent divorce of Indian cricketer Yuzvendra Chahal and choreographer Dhanashree Verma has brought the intricacies of alimony calculation in Indian courts back into the public spotlight. The Mumbai family court's decision to grant the couple a divorce, with Chahal reportedly agreeing to pay ₹4.75 crore as part of the settlement, has ignited discussions about the factors that influence alimony decisions in India. The case's high-profile nature, coupled with the significant financial payout, has prompted widespread curiosity and raised important questions about the legal framework surrounding alimony in divorce proceedings. Unlike some Western nations that employ formula-driven approaches, India adopts a case-by-case method, carefully considering various aspects of the marriage and the individual circumstances of both spouses. This individualized approach, while aiming to provide a fair outcome, can also lead to subjectivity and complexities in the process. The absence of a standardized formula necessitates a comprehensive evaluation of multiple factors, including the financial standing of both spouses, their earning potential, the standard of living enjoyed during the marriage, and the contributions made by each spouse to the household or career. The court also considers responsibilities towards dependents, health conditions, liabilities, and financial obligations of the paying spouse. This holistic assessment aims to ensure that the alimony awarded is just and equitable, taking into account the unique realities of each divorce case. However, the subjective nature of these considerations can also lead to disputes and appeals, highlighting the need for clarity and consistency in the application of legal principles.
Several legal experts have weighed in on the factors that Indian courts consider when determining alimony. Nikita Anand, a Family Law Advocate and Partner at Magnus Legal Services LLP, emphasizes that alimony calculation is not a rigid formula but rather a decision based on multiple factors, including the financial standing of both spouses, their earning potential, and their contributions to the marriage. Srisatya Mohanty, an Advocate-on-Record at the Supreme Court of India, adds that the court also considers the income of both parties, their conduct during the marriage, their social and financial status, personal expenses, and responsibilities towards dependents. Mohanty further highlights the significance of the quality of life enjoyed during the marriage, noting that alimony cases often reach the Supreme Court due to their subjective nature. The Supreme Court itself has addressed the issue of alimony calculation in the 2024 case of Parvin Kumar Jain vs Anju Jain, laying down specific factors for deciding permanent alimony. These factors include the social and financial status of both spouses, the reasonable needs of the wife and dependent children, the employment status and qualifications of both parties, their independent income or assets, the standard of living during marriage, sacrifices made for family responsibilities, legal expenses for a non-working spouse, and the financial capacity of the husband. The Supreme Court also cautioned against the misuse of women-centric laws, emphasizing that alimony is intended to protect, not to punish. This highlights the delicate balance that courts must strike between ensuring the financial security of the dependent spouse and preventing the exploitation of alimony laws.
While alimony is traditionally associated with payments from husbands to wives, Indian law also recognizes the possibility of men receiving alimony under certain circumstances. The Hindu Marriage Act (Sections 24 & 25) and the Special Marriage Act, 1954, are gender-neutral and provide scope for either spouse to claim alimony. However, such claims are rare and are subject to strict scrutiny by the courts. Srisatya Mohanty emphasizes that a husband can only receive alimony under exceptional circumstances, such as when he can prove that he was financially dependent on his wife due to a valid reason, such as a disability that prevents him from earning. Courts will thoroughly verify the facts and circumstances of each case before granting alimony to a husband. This reflects the historical and societal context in which alimony laws were initially developed, primarily to protect women who were often economically disadvantaged after divorce. However, as societal norms evolve and women increasingly enter the workforce and achieve financial independence, the possibility of men receiving alimony is gaining greater recognition, albeit with stringent requirements. Anshuman Singh, an Advocate-on-Record at the Patna High Court, contrasts India's case-by-case approach to alimony calculation with the formula-driven models used in Western nations. He also points out that India follows a fault-based divorce system, unlike the no-fault approach prevalent in many Western countries. This means that the reasons for the divorce, such as adultery or cruelty, can influence the court's decision regarding alimony. In contrast, no-fault divorce systems focus solely on the breakdown of the marriage without assigning blame, potentially leading to different considerations in alimony awards.
The complexities surrounding alimony calculation in India underscore the need for clear and consistent legal principles, while also recognizing the unique circumstances of each divorce case. The courts must strike a delicate balance between ensuring the financial security of the dependent spouse and preventing the misuse of alimony laws. The increasing recognition of men's potential eligibility for alimony, albeit under exceptional circumstances, reflects the evolving societal norms and the need for gender-neutral application of legal principles. The contrasting approaches to alimony calculation and divorce systems between India and Western nations highlight the different legal and cultural contexts that shape these processes. As divorce rates continue to rise in India, it is essential that the legal framework surrounding alimony remains relevant, equitable, and adaptable to the changing needs of society. Further clarity and consistency in the application of legal principles can help to reduce disputes and ensure that alimony decisions are fair and just for both parties involved in a divorce. The Chahal-Verma divorce case serves as a reminder of the complexities and nuances of alimony calculation in India, and the importance of seeking expert legal advice when navigating divorce proceedings. Ultimately, the goal is to achieve a resolution that protects the financial security of the dependent spouse while also ensuring that alimony laws are not misused or exploited.
Source: Chahal-Verma divorce: How do Indian courts calculate alimony? Can men get it? Key questions answered