How to claim maintenance/alimony from ex-husband during lockdown?

It is not just cases of domestic violence that saw a rise during the prolonged COVID-mandated lockdown. In the midst of the pandemic, there has also been a surge in the number of cases related to divorce and maintenance/alimony. It might not be a surprise to know that women have become one of the worst suffering groups due to the pandemic and the resultant imposition of a nationwide lockdown. In some of the cases the situation has worsened to a level where they have been left with no resources and means to maintain themselves during lockdown, and with the economy already going through a dip, across various strata, women have been facing a range of problems of varied nature: while the working women went through job losses, no wages, the women inside the houses had to bear an excess load of household work due to more number of family members at home.
 

How to claim Alimony from your ex-husband?

Even after divorce, if you have not received a lump sum amount as final settlement, you can claim maintenance from your husband until you remarry. Under the Hindu Law, provisions for alimony have been laid down under the Hindu Marriage Act, 1955 and the Hindu Adoption and Maintenance Act, 1986. As per the Hindu Marriage Act, a spouse can make an application for alimony to the court having jurisdiction to decide their case and the court can order either the husband or wife to pay the applicant, maintenance based on the following points:

1. The income of the party against whom alimony has been claimed;

2. Property of the party against whom alimony has been claimed;

3. The income and other properties of the applicant;

4. The conduct of the parties and other circumstances of the case.

 
Under the Hindu Adoption and Maintenance Act, a Hindu wife is entitled to live separately from her husband without forfeiting her claim to maintenance and alimony will be granted to her on the following grounds:

1. If the wife has been deserted by the husband without her consent and is being willfully neglected;

2. If there has been cruelty on part of the husband which has caused a reasonable apprehension in the wife’s mind that it is harmful or injurious to live with her husband;

3. If the husband is suffering from a virulent form of leprosy;

4. If the husband has another subsisting marriage;

5. If the husband has an affair with another woman out of marriage who stays in the same house as his wife or in a different house with him;

6. If the husband has changed his religion from Hindu to another;

7. If there is another justifying cause of her living separately.

 
However, a wife claiming maintenance under the Hindu Adoption and Maintenance Act may be denied alimony if she is unchaste or has converted to a different religion than Hindu. An estranged wife can also claim maintenance from her husband under the Code of Criminal Procedure which also gives her the right to interim maintenance.
 

How can a lawyer help you?

Hiring an attorney to take care of your alimony issue is one way to reduce the stress involved. While the attorney will need to gather information from you regarding the case, he or she will also take care of all the paperwork, allowing you more time to take care of yourself and your family. An experienced divorce/matrimonial attorney can give you expert advice on how to handle your maintenance case owing to his years of experience in handling such cases. A divorce/matrimonial lawyer is an expert on the laws and can help you avoid significant mistakes that may cause financial harm or will require future legal proceedings to correct. Thus, by hiring an attorney a person can make sure that he can avoid delay and get the issue resolved as quickly as possible.