Alimony Meaning : Alimony is financial support paid by one spouse to another after divorce or separation to help with living expenses.

Who can apply under Section 125?

1. Wife:

   • A legally married wife who finds herself unable to maintain herself due to various reasons such as lack of income, employment, or support.
   • A divorced wife who hasn’t remarried and still requires financial assistance to meet her basic needs and sustenance.

2. Children:

   • This includes both legitimate and illegitimate children who are below the age of 18 and are unable to support themselves financially.
   • It also encompasses children who have attained the age of 18 but have a physical or mental disability that hinders their ability to be self-sufficient.

3. Parents:

   • The provision extends to parents, specifically the father or mother, who are unable to maintain themselves and do not have any living children capable of supporting them financially.

Grounds for claiming maintenance:

1. Neglect:

   • This occurs when a spouse fails to fulfill their obligation to provide for the basic necessities of life such as food, clothing, and shelter.

2. Desertion:

   • It refers to the situation where one spouse abandons the other without a valid reason, leaving them without financial support or means of sustenance.

3. Inability to maintain self:

   • This ground applies when the applicant lacks sufficient means to support themselves due to factors such as illness, disability, or lack of education/training, making them financially dependent on the other spouse.

What can be claimed?

1. Maintenance:

   • This entails a monthly allowance granted by the magistrate to cover the basic needs of the applicant.
   • The amount is determined based on the husband’s earning capacity, taking into consideration his income, assets, and standard of living, as well as the applicant’s genuine needs, including living expenses, medical bills, and the needs of dependent children.

2. Interim maintenance:

   • Temporary financial support provided during the duration of the court proceedings to ensure the applicant’s immediate needs are met.

3. Expenses of proceedings:

   • This includes reimbursement for legal and court-related costs incurred by the applicant in pursuing the maintenance claim.

Important points to remember about Section 125:

1. Summary proceeding:

   • The legal process under Section 125 is designed to be expedited and simplified compared to regular civil suits, allowing for quicker resolution of maintenance disputes.

2. Temporary relief:

   • It’s crucial to understand that the maintenance awarded under Section 125 provides temporary relief and is not intended to serve as a permanent solution like alimony awarded in divorce settlements.

3. Basis for award:

   • The amount of maintenance granted is based on the genuine need of the applicant and the capacity of the husband to provide support, rather than being a fixed percentage of the husband’s income.

4. Grounds for rejection:

   • Living separately by mutual consent or adultery by the wife can serve as grounds for rejecting the maintenance application.

5. Modification of order:

   • The court has the authority to modify the maintenance order if there is a change in circumstances, such as a significant change in the income or needs of either party.

6. Not a substitute for alimony:

   • It’s important to recognize that Section 125 maintenance is distinct from alimony awarded under specific marriage laws and should not be viewed as a substitute. It’s advisable to seek comprehensive legal advice regarding alimony issues from a qualified family law specialist.

Seeking legal advice:

While the explanation provides a general understanding of Section 125, it’s highly recommended to seek guidance from a lawyer specializing in family law. They can offer tailored advice, assist in navigating the legal process, and represent the applicant effectively in court, ensuring that their rights and interests are protected.