Maintenance and alimony in India depend on the facts of each case. Courts look at what a spouse needs, what the other can afford and how the family lived during the marriage. There is no standard formula or percentage.
The main routes
- Section 24, Hindu Marriage Act: interim maintenance and litigation expenses while a divorce or similar case is pending.
- Section 25, Hindu Marriage Act: permanent alimony or maintenance at the time of the decree or later.
- Section 125 of the Code of Criminal Procedure, now Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023: a quick remedy for a wife, children and parents who cannot maintain themselves.
- Domestic Violence Act, Section 20: monetary relief for a woman facing domestic violence.
- Special Marriage Act and personal laws: similar provisions for other communities.
Factors courts usually consider
- Income, assets and liabilities of both spouses
- The standard of living during the marriage
- Age, health and earning capacity of each spouse
- Duration of the marriage and the number of dependants
- Responsibilities towards children and elderly parents
- Whether either spouse gave up a career for the family
The affidavit of assets and liabilities
In Rajnesh v. Neha (2020), the Supreme Court laid down guidelines for maintenance. It requires both parties to file a detailed affidavit of income, assets and liabilities in maintenance proceedings, and held that maintenance can be awarded from the date of the application. An honest affidavit matters, because a hidden income or asset can damage your case.
Permanent alimony: lump sum or monthly
Permanent alimony may be a one-time payment or periodic amounts. Mutual consent cases usually settle on a lump sum, which gives both sides finality. Courts have also said that alimony is meant to provide support, and is not meant to punish a spouse or to equalise wealth.
Practical points
- Keep income proofs, bank statements and expense records organised.
- Maintenance can be changed if circumstances change substantially.
- A wife who earns can still be awarded maintenance if her income is insufficient.
- Non-payment can lead to recovery proceedings.
You can read more on our contested divorce page, which also covers maintenance.
Please note: This article gives general information and is not legal advice. Every case depends on its own facts, so please consult an advocate before acting.