When high-profile divorce cases make headlines in India, the settlements often become a topic of interest due to the lack of specific laws dictating percentages of income or wealth to be awarded as alimony to the spouse. This issue has been brought to light in the case of Nawaz Modi Singhania, the separated spouse of billionaire industrialist Gautam Singhania, who is reportedly seeking 75% of his $1.4 billion fortune for herself and their two daughters.
Similarly, in the 2013 divorce case of Bollywood star Hrtithik Roshan and Sussanne Khan, Khan initially demanded ₹400 crore as alimony, which was later settled at ₹100 crore. These high-profile cases not only make headlines but may also affect share prices when industrialists are involved.
According to Delhi-based corporate lawyer Anuroop Omkar, there is no rule in India stipulating a specific percentage to be awarded as alimony. Factors such as the education levels and employability of the parties involved, as well as the number of dependents, play a role in determining the settlement amount. The court assesses these matters to ensure fair and practical maintenance for the spouse to sustain a reasonable standard of living.
Additionally, the application process for maintenance claims following a divorce has been standardized by the Supreme Court since November 2020. Applicants are required to submit detailed financial information, and the court considers evidence and accusations before making a decision.
Ultimately, it is advised that separation issues be amicably resolved, with the law providing for divorce by mutual consent under Section 28 of the Special Marriage Act. However, allegations of mental cruelty or domestic violence must be tested in court, and unreasonable claims may lead to a trial, which can be a time-consuming process.
In conclusion, the lack of specific guidelines for alimony settlements in India places a significant amount of discretion in the hands of the legal system to determine fair and reasonable outcomes in divorce cases.
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