Alimony is spouse’s right after divorce. In India it is enabled by the law i.e. the personal laws and the Special Marriage Act. In Hindus, laws with respect to alimony are administered by personal and by central act. The alimony or maintenance provision after divorce is conferred by Section 25 of the Hindu Marriage Act, 1955. To understand “Alimony in Coins? Yes, You Can Do So!” we have to understand what alimony is and what is the quantum for maintenance according to law? To understand this, there are divorce lawyers in Coimbatore who know everything about divorce law which includes alimony/maintenance.
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Alimony under the Hindu Marriage Act, 1955
In the jurisdiction of ordinary courts the suit for divorce may either filled by spouse or husband if divorce was done and the question arises in front of court for alimony from husband, it’s up to court that how they interpret the law and because of that how much the spouse is entitle for alimony.
The things which court remember while determining the quantum for alimony are,
- Income of the husband,
- Property of the husband,
- The reason of divorce, conduct of the spouse and husband and other facts and circumstances of the respective case.
In the event that the court is fulfilled that there is an adjustment in the conditions of either party whenever after the quantum of alimony has been fixed by the court. The court may, at the occasion of either party, differ, adjust or cancel any such request in such way as the court may consider just.
In the jurisdiction, if the ordinary pleading of the court is gratified that the party in whose request and decree has been made under this section has remarried or where either husband or wife had a sexual intercourse outside the marriage that may alter the quantum of provision.
Alimony for woman under Code of Criminal Procedure and Muslim divorce law
Another law with respect to provision is set down in section 125 CrPC. It discusses provision of alimony to spouse given by the husband rights to wife given by the husband. Section 125, also provides some other rights of alimony grants, and allows the privilege of Interim maintenance also. The Supreme Court in different of its judgment has clarified that interim maintenance can be granted before the final decree of the respective case. Despite the fact that there is no particular arrangement in the Code in regards to interim maintenance however legal activism has helped in advancing this law with regards to the rule of law.
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There are cases in India where husbands gave alimony in coins. According to the decree and judgement of Punjab and Haryana district court for the alimony amount, the husband gave 24,600/- the monthly maintenance/alimony amount to his former spouse in a bag filled with coins. An Indonesian government worker who owed his ex wife for alimony has paid Rs 7.32 lakh worth of missed payments – in coins. Dwi Susilarto approached the court pulling twelve sacks loaded with Rs 7.32 lakh, the payment that weighed is about 890 kilograms. And in both cases if we see Indian law, The Coinage Act will come in front of the court for understanding the nature of payment, the court interpreted the law i.e. According to Section 6 of the Coinage Act, 2011 (Central)[1], The coins issued under the authority of section 4 shall be a legal tender in payment or on account[2], if an amount increases Rs 1,000 and is paid in the form of coins which are legally issued under the Coinage Act, 2011, it will not be considered as a legal tender. Thus, in this case the other party can refuse to accept the coins and in the case of alimony the wife has opportunity to refuse the amount of alimony because it’s in the form of coins but in both the cases the former spouse has accepted the payment of alimony. So with this it’s clear that you can pay alimony amount in coins and it is valid under law.
[1] https://rbidocs.rbi.org.in/rdocs/Publications/PDFs/COIN281114.pdf
[2] Idib
