How To Avoid Paying Maintenance (Alimony) To Wife After Divorce?

While paying alimony ensures financial security for the spouse, there are legal ways to reduce or avoid the maintenance obligation

With today’s modern lifestyle and breakdown of traditional social systems, divorce cases are increasing in the country. To protect the financially weaker spouse, there is provision to mandate payment of maintenance, also called alimony.

However, there have been many cases where the demand for the maintenance or alimony is too high. In such situations, it is understandable to seek legal means to reduce or avoid paying the alimony. If you are facing a similar situation, here are some legal options you can consider.

Prove wife’s financial independence – Maintenance or alimony is awarded in cases where the wife may not have adequate income to continue the same standard of living. This is provided under Section 144(1) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. In case the wife has sufficient income to sustain the same standard of living, the court may deny or reduce the maintenance amount. You will have to prove this in the court by providing solid evidence such as salary slips, bank statements, tax returns and proof of employment. You need to show that your wife’s income is almost comparable to or higher than yours.

Prove adultery by the wife – This option is available under Section 144(4) of the BNSS. Maintenance to wife can be denied by court if she is involved in adultery. However, such adultery has to be a habitual and continual act and not a one-time incident. Adultery is no longer a criminal offence, but it can still be applied to get divorce and deny paying alimony. You have to collect the relevant evidence in a legal manner. A lawyer can guide you about the right procedure.

Mutual consent divorce with a settlement agreement – Under Section 13B of the Hindu Marriage Act, mutual consent divorce is allowed. Similar provisions exist in other personal laws too. In case of a mutual consent divorce, the wife may agree to waive maintenance claims. Or they can settle for a one-time lump-sum amount instead of demanding monthly maintenance. Mutual consent divorce is a lot less stressful than spending time fighting court cases.

Prove desertion or refusal to cohabit – If the wife refuses to live with her husband without providing any good reason, the maintenance / alimony demand may be denied by the court. This option is available under Section 144(4) of the BNSS. You have to collect evidence such as digital communications and witness statements to prove that your wife has refused to cohabit without any valid reason.

Prove husband’s income as insufficient – The amount of maintenance or alimony to be paid depends on the husband’s income. If the husband’s income is low, the court can reduce or deny the amount of alimony demanded by the wife. You have to provide all the necessary proof such as proof of unemployment, low income, debts, etc. Your tax returns and bank statements will also be needed.

Prove wife has remarried or living with another partner – If the wife is living with another person in a way similar to a marriage, the maintenance amount can be denied by the court. This option is available under Section 144(4) of the BNSS.

Prove cruelty or misconduct by wife – In such cases, cruelty or misconduct includes false allegations, documented abuse and harassment. If the divorce is caused due to wife’s fault, the court may deny the maintenance / alimony. This option is covered under Section 13 of the Hindu Marriage Act or Section 18 of the Hindu Adoption and Maintenance Act, 1956.

Transfer assets to family trust / relatives – The maintenance / alimony amount is often determined based on the financial status of the husband. If you are certain about what is going to happen in the future, you can transfer eligible pre-marital assets to a family trust or any of your relatives. This has to be done before the commencement of divorce proceedings. This approach can help reduce the maintenance / alimony amount.

Modification or cancellation of maintenance order – At a future date, it is possible that the wife may get employment or remarry. It is also possible that the husband may face financial hardship in the future. In such situations, one can approach the court to get the maintenance order modified or cancelled. You will have to submit new evidence to support your case. This option is available under Section 145 of the BNSS.