A research on conceptual analysis of maintenance and alimony of children and spouse under modern hindu law

Abstract

newline Maintenance of Spouse: Under modern Hindu law, a spouse is entitled to claim maintenance from the other spouse in case of divorce or separation. The maintenance amount is determined based on the financial position of both parties and the standard of living they enjoyed during the marriage. Factors such as the age, health, and earning capacity of the spouse seeking maintenance are also taken into consideration. The amount of maintenance can be modified by the court if there is a change in circumstances. Alimony: Alimony is a lump sum payment made by one spouse to the other after divorce or separation. It is different from maintenance, which is a periodic payment made for the support of children or the spouse. Alimony is awarded based on the financial position of both parties, the length of the marriage, and the contribution of each spouse towards the marriage. Alimony is not a right, and it is awarded at the discretion of the court.