Paying alimony is a part of divorce cases in India. Usually, the husband is supposed to pay alimony to his wife as compensation for her living. However, the alimony laws depend on many things and that is why having good knowledge about the process is important even if you are not planning to apply for a divorce. The knowledge of how to avoid alimony in India is important and that you can do it easily by speaking to a specialist divorce lawyer in Kolkata.
Before we focus on the process of how to avoid alimony in India, we should focus on how the judiciary can influence the process. There are quite a few specific laws or acts or Codes that are closely associated with alimony in India:
- Section 23 of the Hindu adoptions and maintenance acts
- Section 25 of the Hindu Marriage Act, 1955
- Section 18 of the Hindu Adoptions and Maintenance Act, 1956
- Section 125 of the Code of Criminal Procedure, 1973
- Section 37 of the Special Marriage Act, 1954
In the opinion of the most successful family lawyers, the following legal stands can help you to avoid paying alimony to your spouse after you get divorced from him or her. The best family lawyers near me in Kolkata are qualified and wise enough to utilize those measures to stop you from paying alimony to your spouse:
- You can skip paying alimony to your wife if she earns more than you do. You would just need to prove that your wife does not need any financial; support as her personal income is good enough even without your compensation.
- The chances of paying any alimony if you can prove the divorce was mutual. It is a common stand that the family lawyers use to help their clients from not paying any alimony to their wives.
- You can skip paying any alimony to your wife if you have physical disabilities. In such a case, the law can defend you and allows you not to pay the alimony.
- If the wife starts living with someone else in the form of a new partner then it can be another important part of the law that can help you from not paying her any alimony. The alimony is practical only until the wife stays alone without any new partner again. The law takes its course if she gets married to someone else once again after getting a divorce from you.
- If you can prove that the divorce was taken without any genuine reasons, then you can prevent yourself from paying her any alimony. The law takes the case as voluntary action and that can prevent the husband from paying any alimony to his former wife.
In the opinion of the most successful divorce lawyer in Kolkata, both spouses can demand alimony from their spouse but that may have some more legal formalities involved in it. These cases can be more complicated and they require expert handling by successful and knowledgeable family lawyers.
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