Insurance against Alimony:

It is estimated that in India 1 out of 100 or 11 out of 1000 marriages end up in divorce.
The divorce rates in India are however one of the lowest is in the world but it has
increased rapidly in the recent years. This may be due to the effects of western culture,
increase in the stature of women, financial independence of women, increased and
progressive thinking of the society etc. This is leading to the a payment of a rather good
amount by one of the spouses irrespective of the sex to the other under various
conditions like amount and duration of the alimony, number of years the marriage
lasted, age of the spouse, economic condition of the spouse, health of the spouse,
career of the spouse etc.
The divorce rate in a conservative state like Punjab has increased an astounding 150%
in the recent years, in Mumbai 2 out of 5 marriages end up in divorce according to a
report from TOI, Bangalore has come to be known as the divorce capital of South India
as the city gets at least 25 divorce cases every day. It is estimated that on an average,
7,500 cases are filed in Mumbai, 9,000 in Delhi and 3,000 in Chennai, every year.
With such high rates prevailing, it could prove beneficial to the spouse if such an event
occurs which will secure the person with respect to the payments he/she has to make.
The Court decides to grant maintenance only when an application is filed before it. It is
entirely at the discretion of the Court to decide if at all any maintenance deserves to be
awarded to the applicant/ petitioner, and if so, then the amount of maintenance to be
granted. Whilst doing so, the Court takes into account various factors that would affect
the quantum of maintenance to be decided upon, such as, the status and financial
position of the parties concerned, the number of dependants on the respondent, etc.
Although the wife who makes the application for maintenance is earning sufficiently well
for herself, she can yet be entitled to alimony in case her husbands income exceeds
way beyond her own. This reasoning being on the premise that the wife is entitled to live
as per the standard and status of her husband.
Irrespective of ones caste, creed or religion; any person can file an application for
maintenance, under section 125 of the Criminal Procedure Code. Besides the wife and
husband, the parents and children of the respondent, can also vice versa claim
maintenance under this particular section.

The order of maintenance is subject to change. In other words, the amount of
maintenance once fixed by the Court can be altered if there is a reversal of
circumstances. There can be an enhancement or reduction of the same depending on
the circumstances at that particular time.
Another extremely disturbing query that often crops up is the failure on the part of the
husband to pay up the maintenance amount decided upon by the Court. In the event of
such an occurrence, the Court dismisses any relief that he is entitled to. For example,
his divorce petition can be dismissed; or his right to custody and access of the children
too can be affected.